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2019 Supreme(Bom) 1785

VIBHA KANKANWADI
Pandhari – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
G.N. Chincholkar, Adv., P.M. Kulkarni, Adv., Ranjana D. Reddy, Adv.

JUDGMENT :

VIBHA KANKANWADI, J.

1. All the appeals have been filed by the original claimants challenging the Judgment and award passed by Reference Court in their respective petitions under Section 18 of the Land Acquisition Act.

2. Heard learned advocate Mr. G. N. Chincholkar for appellants, learned AGP for respondents No.1 and 2 - State, and learned advocate Ms. Ranjana D. Reddy for respondent No.3.

3. It has been vehemently submitted on behalf of the appellantsoriginal claimants in all the cases that, the point involved in these cases is that, the Reference Court has totally discarded the opinion / report given by the expert valuer who had valued the acquired properties and submitted his report. The said valuer was examined by the claimants, however his testimony has been discarded only on the ground that his opinion is not binding. Other technical issues were raised by the respondents, however it cannot be taken as a cogent reason to discard an expert's opinion. No evidence was led by the respondents to arrive at a contrary conclusion or to disprove the report given by the expert, and therefore, in all the cases the Reference Court ought to have granted compensation based upon the

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