Dismissed
Zilla Parishad Jalgaon v. Pandit Sukdeo Bhil and Ors.
Bombay HCFA/279/2000
Case brief
from the order text
What is this about?
with FA 280/00 1 IN THE HIGH COURT OF…
What the court decided
AI extract
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- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.279/2000 WITH CIVIL APPLICATION NO.1601/2000
Zilla Parishad, Jalgaon.
Through its Chief Executive Officer,
Jalgaon.
...Appellant..
Versus
Pandit s/o Sukdeo Bhil & others.
...Respondents...
.....
Shri A.G. Kanade, Advocate for appellant.
Shri A.B. Kale, Advocate for respondent nos.1 to 5.
Shri K.M. Suryawanshi, AGP for respondent no.6.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
FIRST APPEAL NO.280/2000
WITH
CIVIL APPLICATION NO.3665/2000
Zilla Parishad, Jalgaon.
Through its Chief Executive Officer,
Jalgaon.
...Appellant..
Versus
Sau.Sundarabai w/o Baburao Mali
and State of Maharashtra.
...Respondents..
.....
Shri A.G. Kanade, Advocate for appellant.
Shri A.B. Kale, Advocate for respondent no.1A.
Shri K.M. Suryawanshi, AGP for respondent no.2.
.....
FA 279/00 with FA 280/00
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CORAM: B.P. DHARMADHIKARI &
A.M. BADAR, JJ.
DATE: 04.12.2014
ORDER :
1]We have heard the matters for about forty minutes.
Acquiring body is questioning the enhancement granted
while land owners seek seek further enhancement. Apart
from enhancement granted towards cost of dry crop land
and irrigated land, question of valuation of fruit
bearing trees is also involved by Reference Court. The
expert Shri Choudhary examined by land owners has deposed
about number of trees noticed and about valuation.
Expert examined by Government was not the one who
prepared report. The report prepared by expert Shri
Bhasme shows less number of trees.
2] Several questions arise. What was the number of
trees available when Section 4 notification was
published? What was recorded in panchanama ? What was
annual yield from fruit bearing trees insofar as land
owners are concerned and how deposition of land owners in
this respect has been subjected to cross-examination ?
All this has bearing upon the relevance of Miram's table
FA 279/00 with FA 280/00
by Shri Choudhary to arrive at valuation of fruit bearing
trees.
3]This Court has found that both learned counsel are
not in a position to assist the Court.
4]Thursday is the day fixed for final hearing of old
matters.
5]In this situation, we dismiss both these First
Appeals for want of prosecution with costs of Rs.3,000/-
(rupees three thousand only) payable to High Court Legal
Aid Sub Committee at Aurangabad by appellants. Civil
applications also stand disposed of.
ndk/ c41214.doc
Zilla Parishad, Jalgaon
Pandit s/o Sukdeo Bhil
B.P. DHARMADHIKARI
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court