Dismissed

The State of Mah Thr Collector and Ors. v. Zhipru Bhika Chambhar Died Thr Lrs Indubai Zhipry Chambhar(Nimbalkar) and Ors.

Bombay HC19 Apr 2017CA/5282/2012

Case brief

AI extract

What is this about?

Single judge oral order dismissing multiple First Appeals filed by the State of Maharashtra challenging land acquisition valuation under the Waghur Dam project. The Court dismissed the appeals as possessing no substance following a prior decision upholding a Reference Court's award. Civil applications for stay were also disposed of.

What did the court decide?

All First Appeals are dismissed; pending Civil Applications seeking stay are disposed of.

The State of Mah Thr Collector and Ors. Vs Zhipru Bhika… — Land Acquisition | Bombay HC (2017)

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F.A. St.No.9196/2012 with connected matters.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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FIRST APPEAL ST.NO.9196/2012 WITH CIVIL APPLICATION NO. 5282/2012

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The State of Maharashtra & others

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VERSUS

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Zhipru Bhika Chambhar (Deceased), through L.Rs. Indubai Zhipru Chambhar (Nimbalkar) and others

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Shri S.P. Sonpawale, A.G.P. for appellants Shri A.B. Kale, Advocate for respondents

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WITH

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FIRST APPEAL NO.289/2017 WITH CIVIL APPLICATION NO.5280 OF 2012

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The State of Maharashtra & anr.

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VERSUS

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Ramesh Pralhad Patil

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.290/2017 WITH CIVIL APPLICATION NO.5278 OF 2012

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The State of Maharashtra & anr.

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VERSUS

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Bhagwan Natthu Chaudhari & anr.

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F.A. St.No.9196/2012 with connected matters.

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL ST. NO.9152/2012 WITH CIVIL APPLICATION NO.5276/2012

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The State of Maharashtra & anr.

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VERSUS

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Prabhakar Onkar Sandhyashi

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL ST. NO.9143/2012 WITH CIVIL APPLICATION NO. 5288/2012

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The State of Maharashtra & ors

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VERSUS

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Yuvraj Ramdas Patil

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.291/2017 WITH CIVIL APPLICATION NO. 5296/2012

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The State of Maharashtra & ors.

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VERSUS

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Ishwar Trambak Koli & ors.

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F.A. St.No.9196/2012 with connected matters.

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.293/2017 WITH CIVIL APPLICATION NO. 5294/2012

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The State of Maharashtra & ors.

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VERSUS

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Suresh Pundalik Patil

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.295/2017 WITH CIVIL APPLICATION NO. 5290/2012

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The State of Maharashtra & ors.

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VERSUS

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Bhagwan Pandhari Patil

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Shri C.V. Dharurkar, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.294/2017 WITH CIVIL APPLICATION NO.5286/2012

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The State of Maharashtra & ors.

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VERSUS

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Raju Dalpat Chaudhari

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F.A. St.No.9196/2012 with connected matters.

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Shri B.V. Virdhe, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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WITH

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FIRST APPEAL NO.292/2017 WITH CIVIL APPLICATION NO.5284/2012

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The State of Maharashtra & ors.

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VERSUS

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Narmadabai Ramkrishna Sabale

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Shri B.V. Virdhe, A.G.P. for appellants Shri A.B. Kale, Advocate for respondent

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CORAM: V.K. JADHAV, J.

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DATED: 19th April, 2017.

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ORAL ORDER :

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All these Appeals deal with acquisition of the house

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properties of the claimants on account of submergence of area under Waghur Dam.

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A group of First Appeals bearing First Appeal No.3060 of 2013 with connected First Appeals came to be disposed of by this Court (Coram : S.V. Gangapurwala, J.) vide judgment and order dated 19/12/2013, thereby upholding the valuation made

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by the Reference Court in respect of the land at Rs.600/- per R,

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F.A. St.No.9196/2012 with connected matters.

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however, had granted enhancement of compensation in respect of the structures, wherein the Valuer's report was considered by this Court and had deducted 10% from the said Valuer's report. In para 7, 8 and 9, it was observed as under :

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"7. The Court has appreciated the evidence on record and had come to the conclusion that he accepts the valuation report. But then no reason is given for deducting the amount in some of the matters upto 60% to 75% and in majority of matters 25%.

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There may be some error. To work out the said margin of error, some deduction would be permissible from the amount as suggested by the Valuer. Considering the fact that. the properties acquired are lands and small houses the margin of error would also be less.

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In the light of the above, it would be appropriate to deduct 10% from the valuation as shown by the expert.

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In a group of First Appeals bearing First Appeal No.2745/2015 with connected First Appeals, this Court (Coram : S.V. Gangapurwala, J.), vide judgment and order dated 21/10/2015, disposed of the said Appeals arising out of the same project and the judgment and award passed by the Reference

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F.A. St.No.9196/2012 with connected matters.

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Court in the light of the observations made earlier as referred in para No.2 of this order, bearing First Appeal No.3060/2013 with connected First Appeals.

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In view of above, there is no reason to take any other view. There is no substance in the First Appeals. All the First Appeals are thus liable to be dismissed and they are accordingly dismissed.

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In view of dismissal of First Appeals, pending Civil Applications seeking stay are also disposed of.

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( V.K. JADHAV ) JUDGE

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fmp/

The State of Mah Thr Collector and Ors. v. Zhipru Bhika Chambhar Died Thr Lrs Indubai Zhipry Chambhar(Nimbalkar) and Ors.

Case brief

What is this about?

What did the court decide?

The State of Mah Thr Collector and Ors. v. Zhipru Bhika Chambhar Died Thr Lrs Indubai Zhipry Chambhar(Nimbalkar) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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