The court dismissed a First Appeal challenging a Reference Court's order enhancing market value for land acquired under the Land Acquisition Act, holding the valuation based on neighbouring village sales was just and proper.
The appeal fails and stands dismissed; consequently, the civil application for stay stands disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FIRST APPEAL (ST) NO 6676 OF 2012 WITH CIVIL APPLICATION NO. 4580 OF 2012
versus
Laxman s/o Irrappa Kapse, Age: 45 years, Occ: Agri., R/o. Karepur, Tq. Renapur, Dist. Latur ...Respondent
Mr. P.P. More, A.G.P. for appellants
..... CORAM : N.W. SAMBRE, J.
DATE : 22nd JULY, 2015
ORAL ORDER :
Heard.
Section 4 of the Land Acquisition Act, dated 20/10/1994 was acquired
and award under Section 11 of the Land Acquisition Act came to be passed on 04/07/1997.
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purchased 1 Hector 21 Are from Baburao Deshmukh out of Block No. 174 of village Yeshwantwadi for a consideration of Rs.1,00,000/- i.e. Rs. 86,445/-per Hector. Reference Court then noted that notification under Section 4 of the Land Acquisition Act was published in official gazette on 20/10/1994 and proceeded to analyze the sale instances at Exhibits-23 to 25. While considering sale instances that were brought on record, particularly in regard to sale instance at Exhibit-25, the Reference Court proceeded to analyze and reached to the conclusion that the enhancement to the extent of Rs.1,00,000/can be granted.
ordered in favour of the respondents-claimants, in my opinion, is just
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and proper. No case for interference is made out. The appeal fails, same stands dismissed. Consequently, civil application for stay stands disposed of.
Tupe/22.07.15
2 issues framed by the court
Whether the First Appeal succeeds in challenging the Reference Court's enhancement of market price for acquired land.
Whether sale instances from neighbouring villages constitute valid market survey data for valuation.
3 provisions across 1 enactments
State of Maharashtra, Through District Collector, Latur
Executive Engineer, Minor Irrigation Division, Latur
Laxman s/o Irrappa Kapse
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
