Allowed

Shri. Tukaram Kana Joshi and Ors. v. the State of Maharasthra(through the Collector,Thane,through the Special Land Acquisition Officer).

Bombay HC18 Feb 2016CAO/48/2016

Case brief

AI extract

What is this about?

This civil application allowed the applicants, who were claimants in a land acquisition reference, permission to amend their cross objections in the First Appeal to claim market value at the enhanced rate. The court relied on the Apex Court's decision in Ambya Kalya Mhatre. Amendment ordered to be carried out within four weeks.

What did the court decide?

Civil Application allowed; amendment to be carried out within four weeks from today.

Shri. Tukaram Kana Joshi and Ors. Vs the State of… — Land Acquisition | Bombay HC (2016)

cao48

ssp

FARAD CONTINUATION SHEET No.

¶5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.48 OF 2016 IN
CROSS OBJECTION ST.NO.5101 OF 2015
FIRST APPEAL NO.19 OF 2015

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Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders

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Mr.R.D.Soni a/w Mr.S.N.Gawade and Mr.Ajay Sharma i/b
Shree and Co. for the Applicant
Dr.J.B.Kurup, AGP for the State

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CORAM : A.S.OKA, &
C.V.BHADANG,JJ.
DATE : FEBRUARY 18, 2016.

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P.C.

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1Heard the learned counsel for the
applicants and the learned counsel for
the first respondent. This is an
application made by the applicants who
are the respondents in the appeal
preferred by the State Government. The
applicants were the claimants in the
Reference under section 18 of the Land
Acquisition Act,1894. The Reference
was partly allowed by the Judgment and
Award which is impugned in the Appeal.
The applicants have filed cross
objections. By way of this
application, the applicants want to
amend the cross objections for claiming

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2 cao48

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the market value at the enhanced rate.
Maximum Court fees payable on the cross
objections has been already paid.

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2 In view of the law laid down by the Apex Court in the case of Ambya Kalya Mhatre (since deceased through L.Rs.) Vs. State of Maharashtra¹ , permission will have to be granted to the claimants to claim the market value at enhanced rate. Hence, the Civil Application is allowed in terms of prayer clause (A). Amendment to be carried out within a period of four weeks from today.

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1 ( 2011 ) 9 SCC 325 .

Shri. Tukaram Kana Joshi and Ors. v. the State of Maharasthra(through the Collector,Thane,through the Special Land Acquisition Officer).

Case brief

What is this about?

What did the court decide?

Shri. Tukaram Kana Joshi and Ors. v. the State of Maharasthra(through the Collector,Thane,through the Special Land Acquisition Officer).

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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