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Prabhat Oil Mill Satana Through R.R. ... vs State Of Maharashtra & Others on 26 September, 2017
cites
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
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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 :
The Maharashtra Stamp Act, 1958
The Maharashtra Prohibition Act
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
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