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2007 Supreme(Bom) 537

NARESH H.PATIL, R.M.BORDE
Zelabai w/o Chintaman Chandasare – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Shri. A.V. Patil, Advocate, holding for
Shri. V.D. Gunale, Advocate, for petitioner.
Shri. U.K. Patil, Assistant Government Pleader, for respondents No.1 to 3.

JUDGMENT:

NARESH H. PATIL, J.

1. Heard counsel appearing for parties.

2. Rule, returnable forthwith. By consent of parties taken up for hearing.

3. The petitioner’s land was subjected to acquisition. The respondent No.3/Special Land Acquisition Officer, Jalgaon passed an award in respect of land Block No.87/A/1, admeasuring 81 Ares, situated at village Bhilakhed, Deoli Bhoras, Tq. Chalisgaon, Dist. Jalgaon. On the petitioner’s motion a Reference under Section 18 of the Land Acquisition Act, 1894 (for short "the Act of 1894") was made. The Reference Court delivered judgment and award on 4th April, 2000. The State preferred an appeal bearing No.365 of 2004 against the said award, which was admitted by this Court on 22nd March, 2003 along with the companion group-matters.

4. The petitioner states that execution petition bearing No.287 of 2001 was filed in the Civil Court (Senior Division), Jalgaon. By an order dated 30th November, 2002 the Joint Civil Judge (Senior Division), Jalgaon passed following order: "Perused the copy of writ petition No.4269/02 preferred by D.H. In view of direction of Hon’ble High Court, Bench at Aurangabad dt.2-11-02 the b





























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