Remanded

Babasaheb Ramrao Zungure v. State of Mah and Anr.

Bombay HC8 Dec 2017FA/410/2008

Case brief

AI extract

What is this about?

This court disposed of two First Appeals involving land acquisition. The court quashed the Reference Court's award and set aside the summary judgment due to a procedural omission, remitting the matter back to the Reference Court to add the acquiring body as a party.

What did the court decide?

Impugned judgment and award of the Reference Court are quashed; references restored to original position; acquiring body added as a party; matter remanded for fresh hearing within nine months.

Babasaheb Ramrao Zungure Vs State of Mah and Anr. — Land Acquisition | Bombay HC (2017)

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906.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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906 FIRST APPEAL NO. 1392 OF 2007

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WITH FA/410/2008

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SHAHURAO DEORAO THOSAR

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VERSUS
STATE OF MAH THR COLLECTOR BEED & ANR

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...

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Advocate for Appellant : Mr. S.S. Shinde, h/f Mr. T. B.
Bhosale

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AGP for Respondents: Mr. S.M. Ganachari.

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ORDER:

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1. Mr. Shinde, learned counsel for the claimants

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has brought to my notice the order passed by this Court
dated 31.01.2017 (Coram : V.K. Jadhav, J.) in First
Appeal No. 514/2005 with other connected appeals and
submits that in some of the matters arising out of the
same acquisition proceedings, this Court has remitted
the matters back to the Reference Court as acquiring

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body was not a party. In the present cases also the
same scenario exist. This fact is also accepted by Mr.
Ganachari, learned A.G.P. for the respondents.

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2. The learned A.G.P. and Mr. Shinde, the learned
counsel for the claimants request to adopt the same
course and matters be remitted back.

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3. In the light of that, impugned judgment and

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906.odt

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award passed by the Reference Court is quashed and set
aside. The references are restored to their original
position. The claimants shall add the present acquiring
body as party to the said references. The parties
shall appear before the Reference Court on 23.01.2018.
The reference Court shall give opportunity to all the
parties to adduce evidence and so also give opportunity

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to acquiring body to file written statement. The
acquiring body shall file written statement within one
month from the date of appearance before the Reference
Court. Considering the fact that, the matters are
remitted back, the Reference Court shall endeavour to
dispose of the references expeditiously and preferably
within a period of nine (09) months from the date of
appearance. The first appeals accordingly disposed of.
No costs.

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mkd

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2/2

Babasaheb Ramrao Zungure v. State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Babasaheb Ramrao Zungure v. State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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