Allowed

The Special Land Acqn. Officer (3). v. Jayantilal P. Shah. and Orsthe Dy.G.Manager (P) M.T.N.L.

Bombay HC4 Apr 2014CHS/2015/2011

Case brief

AI extract

What is this about?

Held that the applicant could amend the reference to enhance the compensation claim amount per square meter based on Supreme Court authority, but amendments regarding internal distribution understanding were dismissed as premature.

What did the court decide?

Leave granted to amend the reference to enhance the claim from Rs. 20,000 to Rs. 30,000 per sq. meter; other amendments deferred.

The Special Land Acqn. Officer (3). Vs Jayantilal P. Shah… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO.2015 OF 2011

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IN LAR NO.4 OF 1999

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The Special Land Acqn.Officer (3) V/s.

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... Acquiring Body

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Jayantilal P. Shah & Ors. ... Claimants.

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Mr S. S. Kulkarni for applicant in Chamber Summons. Mr S. R. Rajguru for Acquiring Body.

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CORAM : R.D.DHANUKA J. DATED : APRIL 04 , 2014.

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P.C.

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By this chamber summons, claimants seek to amend the reference so as to enhance the claim amount from Rs.20,000/- per sq. meter to Rs.30,000/- per sq. meter and other amendments as per schedule. Learned counsel appearing for the claimants invited my attention to the Judgment of Supreme Court in case of Ambya Kalya Mhatre Vs. State of Maharashtra (2011(6) Bombay Cases Reporter 645). Supreme Court has held that if the reference is in regard to the objection to the amount of compensation, the reference court will have the power to entertain any application for increasing the compensation. I am respectfully bound by the Judgment of Supreme Court. Claimants therefore are allowed to amend the reference in so far as enhancement of claim from Rs.20000/- per sq. meter to Rs.30000/- per sq. meter is concerned.

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Asmita

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In so far as other part of amendment sought by the claimants is concerned, by which they want to bring on record the understanding arrived at between the claimants for distribution of the amount is concerned, no such amendment can be considered by this Court at this stage. As and when the reference is disposed of by the Court, the claimants would have appropriate remedy to bring the understanding arrived at between them on record.

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Amendment be carried out within one week from today. Claimants would be at liberty to file additional affidavit of examination-inchief within one week from the date of carrying out amendment. Chamber summons is disposed of in aforesaid terms. No order as to costs.

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( R.D.DHANUKA, J.)

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Asmita

The Special Land Acqn. Officer (3). v. Jayantilal P. Shah. and Orsthe Dy.G.Manager (P) M.T.N.L.

Case brief

What is this about?

What did the court decide?

The Special Land Acqn. Officer (3). v. Jayantilal P. Shah. and Orsthe Dy.G.Manager (P) M.T.N.L.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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