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2010 Supreme(Bom) 215

R.V.MORE, J.N.PATEL, S.C.DHARMADHIKARI
STATE OF MAHARASHTRA – Appellant
Versus
SITARAM NARAYAN PATIL – Respondent


R. V. MORE, J.

( 1 ) BY the Order dated 21st March, 2009 passed by the Division Bench of this Court presided over by the Hon'ble Shri Justice B. H. Marlapalle and the hon'ble Shri Justice D. J. Karnik in First Appeal No. 70 of 1992 with First Appeal no. 382 of 1993, the following questions are referred for the authoritative decision to the Larger Bench :-

1. Whether a claimant, whose land is acquired, can be allowed to amend his claim application so as to enhance the compensation claimed in an application for Reference under section 18 of the Land Acquisition Act, 1894?

2. If yes, at what stage can an amendment be allowed? that is to say during the pendency of the Reference before the reference Court (Court of first instance) or even at the stage of an appeal in the High Court arising out of the decision of the reference Court?

3. If answer for the question no. 1 is in the affirmative, whether the enhanced claim made by an amendment effected after the expiry of the period of limitation for making of a Reference under section 18 of the Act can be considered?

( 2 ) IN order to answer the issues referred above, brief survey of the facts in first Appeal No. 70 of 1992 giving rise to the Re

























































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