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State Of Maharashtra And Ors. vs Nirlon Synthetic Fibres And Chemicals ... on 7 July, 1992

appellate authority has declined to exercise appellate jurisdiction. If the impugned order is perused, it is clear that the appellate authority has exercised appellate jurisdiction, but merely observed that the appellate authority cannot sit in appeal over standard rate of non-agricultural assessment determined in terms of Section 113 of the MLRC and published in the Official Gazette in terms of Rule 16 of the said Rules. The contentions of the petitioners as regards the full market value of the land and the consequent ceiling imposed by Section 112 of the MLRC have been duly considered and rejected by the appellate authority. Accordingly, this cannot be said to be a case of failure to exercise jurisdiction by the appellate authority. 18] Mr. Gavanekar, had placed reliance upon the decision of the Division Bench of this Court in State of Maharashtra vs. Nirlon Syntehtic Fibres and Chemicals Ltd. and anr. - 1992 (2) Mh.L.J. 1327. The said decision is basically an authority for the propositions that the principles of natural justice are not required to be observed and no notice is required to be issued to each of the residents before undertaking any Dinesh Sherla page 13 of 15 ::: Uploaded on - 26/09/2017 ::: Downloaded on - 27/09/2017 01:43:09 ::: j-wp-3056-97-G legislative functions as prescribed under the MLRC. Such an issue does not arise in the present petition. Accordingly, the said decision, does not assist the case of the petitioners. 19] This is also not a case of a violation of principle of natural justice by the appellate authority. The appellate authority, in its order dated 10th February 1996, records the following :
Bombay High Court Cites 11 - Cited by 5 - Full Document
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