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State Of Maharashtra And Anr. vs Baliram Girdhar Patil on 12 July, 2006

7. Learned counsel for Appellants submits that once the Reference court has accepted the sale-deed (Exhibit 18) dated 20.04.2000 to be comparable sale instance, then admittedly the said sale was in respect of Jirayat land and for the purpose of deciding compensation, valuation of the property ought to have been taken double to the valuation of the Jirayat land. To support his submissions, he placed reliance on judgment of the Coordinate Bench of this Court in case of State of Maharashtra and another vs. Baliram Girdhar Patil, 2006(6) Mh.L.J. 82 and judgment of Division Bench in case of Special Land Acquisition Officer Jalgaon and another -5- fa3760.08.odt vs. Bhagwat Vithal Sonawane, 2009(4) Mh.L.J. 308. It is his further submission by drawing attention of the Court to the award passed by the Special Land Acquistion Officer wherein he has considered 12% increase on the consideration in sale instance dated 20.04.2000 and hence Reference Court ought to have granted said increase. Insofar as rejection of claim valuation of trees is concerned, it is argued that without any case being made out by the Respondents about the Valuer being not expert in valuation of the trees, the said claim was wrongly rejected.
Bombay High Court Cites 17 - Cited by 5 - S B Deshmukh - Full Document
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