Allowed

Chudaman Namdev Mali v. the Spl. Land Acq. Officer, Jalgaon and Ors.

Bombay HC6 Oct 2015FA/1826/2015

Case brief

AI extract

What is this about?

The Division Bench allowed the first appeal arising from the same Section 4 Notification and award as companion appeals. The impugned award dated 6.12.2010 passed by the Reference Court in Land Acquisition Reference No.21/2007 was quashed and set aside.

What did the court decide?

The impugned award dated 6.12.2010 is quashed and set aside and the matter is remitted back to the Reference Court for taking decision afresh with opportunity of hearing to both parties.

Chudaman Namdev Mali Vs the Spl. Land Acq. Officer, Jalgaon… — Land Acquisition | Bombay HC (2015)

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First appeal No.1826/2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

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BENCH AT AURANGABAD

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FIRST APPEAL NO.1826 OF 2015

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Chudaman Namdev Mali Age major, Occ. Agri., R/o Morfal, Taluka Parola District Jalgaon

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... APPELLANT

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VERSUS

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The Special Land Acquisition Officer, Jalgaon.

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The Executive Engineer, Jalgaon.

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The Collector, Jalgaon, District Jalgaon. ... RESPONDENTS

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Shri A.B. Kale, Advocate for the appellant Shri S.G. Karlekar, A.G.P. for respondents

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CORAM: R.M. BORDE AND P.R. BORA, JJ. DATED: 6th October, 2015.

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ORAL JUDGMENT (PER R.M. BORDE, J.) :

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Heard. Perused the order passed by the learned Single Judge of this Court in First Appeal Stamp No.1766/2013 and other companion matters as well as by the Division Bench in the matter of Lotan Namdeo Mali, Died through L.Rs. Vilas and others Vs. The State of Maharashtra & ors. in First Appeal Stamp

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First appeal No.1826/2015

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No.1820/2013, decided on 1.4.2014.

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It is not a matter of dispute that the instant appeal also arises under the same Section 4 Notification and the same award which was the matter of challenge before the learned Single Judge as well as the Division Bench in the First Appeals referred to above. This appeal, as such, can be conveniently disposed of in view of the reasons recorded in the aforesaid First Appeals and we deem it appropriate to dispose of the same accordingly.

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In the result, the following order :

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The impugned award dated 6.12.2010, passed by the Reference Court in Land Acquisition Reference No.21/2007 is quashed and set aside and the matter stands remitted back to the Reference Court for taking decision afresh in accordance with the provisions of law. The learned Civil Judge, Senior Division or any other Judge to whom the matter would be assigned, shall decide the reference application afresh in accordance with law after extending opportunity of hearing to both the parties. The appeal is thus allowed. There shall be no order as to costs.

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fmp/fa1826.15

Chudaman Namdev Mali v. the Spl. Land Acq. Officer, Jalgaon and Ors.

Case brief

What is this about?

What did the court decide?

Chudaman Namdev Mali v. the Spl. Land Acq. Officer, Jalgaon and Ors.

Case brief

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What did the court decide?

What the court decided

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