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2007 Supreme(Bom) 1359

D.Y.CHANDRACHUD, SWATANTER KUMAR
State of Maharashtra – Appellant
Versus
Bhimabai Bhika Gondal – Respondent


Advocates Appeared:
Mr. K.K. Tated, AGP, for the Appellants in FA Nos.240 of 2000 & 842 to 849 of 2005.
Mr. B.H. Mehta, AGP, for Appellants in FA Nos. 850 to 854 of 2005.
Mr. Y.M. Nakhwa, AGP, for Appellants in FA Nos. 855 to 859 of 2005.
Mrs.G.P. Mulekar, AGP, for Appellants in FA Nos. 860 to 864 of 2005.
Mrs. Pallavi H. Potnis for the Respondents-claimants.

JUDGMENT

Swatanter Kumar, C.J.:

1. First Appeal No. 841 of 2005 has been preferred by the State against the judgment and award dated 30th September, 2000 passed by the Reference Court in LAR No. 88 of 1990 titled as Babu Rama Gandal vs. The Special Land Acquisition Officer No.8. The State has filed Appeals in each of the references as the Reference Court had disposed of 24 References vide the impugned judgment. It needs to be noticed at the very outset that in the impugned judgment, the Reference court did not discuss and, in fact, the parties had also not led much evidence except mainly relying and tendering the judgment of another reference court, exhibit-33. The judgment passed by the Reference Court related to acquisition of lands under the same notification from the same village. The judgment relied upon was passed by the Reference Court in LAR No. 89 of 1990 decided on 7th February, 1998. In that case, number of sale instances were tendered in evidence and parties had also led oral evidence. LAR No. 89/90 was also challenged by the State in First Appeal No. 240 of 2000. We had, therefore, directed First Appeal No. 240 of 2000 which was listed before the single


























































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