Allowed

Ramchandra@ Ramkishan Madhav Solav (Died) Thr His Lrs Baburao and Ors. v. the State of Maharashtra Thr the Collector, Parbhani and Ors.

Bombay HC18 Dec 2017FA/4108/2017

Case brief

AI extract

What is this about?

The High Court allowed the first appeal and set aside the order of the Civil Judge who incorrectly calculated compensation. The matter was remanded to the Reference Court to dispose of it in accordance with legal principles laid down in a prior civil revision application concerning statutory interest on delayed compensation.

What did the court decide?

The First Appeal is allowed; the order dated 25.08.2016 is set aside; matter remanded to Civil Judge, Gangakhed for disposal within six months.

Ramchandra@ Ramkishan Madhav Solav (Died) Thr His Lrs… — Land Acquisition | Bombay HC (2017)

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31.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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31 FIRST APPEAL NO. 4108 OF 2017

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RAMCHANDRA@ RAMKISHAN MADHAV SOLAV (DIED) THR HIS
LRSBABURAO AND ORS

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VERSUS

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THE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI

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AND ORS.

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...

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Advocate for Appellant : Mr. Kale Mahesh P.
Government Pleader for Respondents No. 1 and 2 :
Mr.A.B.Girase.

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Advocate for Respondent No. 3 : Mrs. Shelke Sunita D.

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CORAM: K. L. WADANE, J.

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 DATE:18th December, 2017

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ORDER:

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1. With the consent of the parties, taken up for
final hearing.

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2. Heard Mr. Kale, learned counsel for the

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appellant, learned Govt. Pleader for respondent No. 1
and 2 and Mrs. Shelke learned counsel for the
respondent No. 3/Acquiring Body.

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3. Learned counsel for the appellant submits that
initially appellant/claimant filed reference under

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section 18 of the Land Acquisition Act, however, it was
dismissed. Against which the appellant has preferred

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Civil Revision Application No. 131 of 2014 and it was
allowed on 25.03.2015 with direction that the present

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31.odt

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appellant is not entitled for the statutory interest
over the enhanced amount of compensation, if any for
the delayed period from 01.01.1995 till 23.04.2015.

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However, on perusal of the operative order passed by
learned Civil Judge, Senior Division Gangakhed it
appears that, the Reference Court has not followed the
observations made in Civil Revision Application No. 131

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of 2014, due to which incorrect calculations as to the
amount of compensation is arrived.

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4. Learned counsel for the acquiring body also has
not disputed the legal position and the order passed in
Civil Revision Application no. 131 of 2014, due to
which the matter needs to be remanded to the Civil
Judge Senior Division Gangakhed for modification in the
order as per the directions given in Civil Revision
Application No. 131 of 2014.

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5. In view of the above first appeal is allowed.

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6. Order passed by Civil Judge Senior Division
Gangakhed in Land Acquisition Reference No. 05/2007
dated 25.08.2016 is set aside and matter is remanded
back for disposal in accordance with law and in view of
the observations made in Civil Revision Application
No. 131 of 2014.

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7. Parties are directed to appear before the

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Reference Court on 15.01.2018.

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8. Learned Reference Court shall dispose of the
matter within a period of six months after appearance
of the parties.

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9. First Appeal No. 4108/2017 is disposed of in

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above terms.

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(K. L. WADANE, J.)

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mkd

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Ramchandra@ Ramkishan Madhav Solav (Died) Thr His Lrs Baburao and Ors. v. the State of Maharashtra Thr the Collector, Parbhani and Ors.

Case brief

What is this about?

What did the court decide?

Ramchandra@ Ramkishan Madhav Solav (Died) Thr His Lrs Baburao and Ors. v. the State of Maharashtra Thr the Collector, Parbhani and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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