V.K.JADHAV
Dhangir Pandurang Gosavi – Appellant
Versus
State of Maharashtra – Respondent
Based on the provided legal document, the key points are as follows:
The main legal ruling establishes that Land Acquisition Reference petitions must be decided on their merits, with all relevant evidence produced and proved before the court. The courts are required to determine the market value afresh, based on the material available during the proceedings (!) (!) .
The courts emphasized that decisions dismissing Land Acquisition References without proper consideration of evidence are not sustainable. Sale instances and other evidence must be produced and proved before the court to substantiate claims for enhanced compensation (!) (!) .
The judgment clarifies that references under Section 18 of the Land Acquisition Act are not appeals against awards, and the material relied upon by the Land Acquisition Officer in the award cannot be considered unless produced and proved in court (!) (!) .
It is highlighted that proceedings under Section 18 should be decided on the basis of the material before the court on merits, and any order passed otherwise than on merits can be challenged under supervisory jurisdiction or under specific procedural rules (!) (!) .
The court pointed out that when a reference is dismissed not on merits, civil revision applications under Section 115 of the Civil Procedure Code are not maintainable. Such dismissals do not amount to a decree and cannot be challenged through appeals or revisions on the ground of merits (!) (!) (!) .
The decision underscores that the Court's role is to determine the market value as on the date of notification, considering genuine comparable instances and making appropriate adjustments for various factors such as size, location, and other relevant circumstances (!) .
The Court directed that all Land Acquisition References should be restored to their original position, allowing the petitioners to lead oral and documentary evidence, and ensuring that the respondents also have the opportunity to present their evidence (!) (!) (!) .
The concerned Reference Courts are instructed to permit the petitioners to appear on a specified date and to dispose of the pending references within a set time frame, emphasizing expeditious resolution (!) (!) .
The judgment also notes that the pending civil applications are disposed of in light of the final orders (!) .
Overall, the decision aims to ensure that Land Acquisition References are decided fairly on merits, with proper consideration of evidence, and that the process is expedited to deliver justice efficiently (!) (!) (!) (!) (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
JUDGMENT
1. Being aggrieved by the judgment and orders passed by the Reference Courts in all Land Acquisition References, thereby dismissing the Land Acquisition References filed by the petitioners herein, these writ petitions have been preferred raising common question of law and as such all these writ petitions are being decided by this common order.
2. The petitioners herein being aggrieved and dissatisfied with the awards passed by the Land Acquisition Officers, had preferred Land Acquisition References as per the details given below:-
| Sr. No | LAR No. and date of the order | Name of the Reference Court | W.P. No. | Name of the petitioner |
| 1 | 86 of 2008 06.11.2008 | C.J.S.D. Omerga | 2698 of 2021 | Dhangir Pandurang Gosavi |
| 2 | 275 of 2004 22.08.2006 | C.J.S.D. Omerga | 2747 of 2021 | Bashir Chandkhan Pathan (died) through Lrs. Irphan Bashir Pathan. |
| 3 | 17 of 2008 (old 145 of 2002) 26.02.2013 | C.J.S.D. Omerga | 2752 of 2021 | Sudhir Madhavacharya Joshi. |
| 4 | 852 of 2005 (old 355 of 2001) 25.04.2012 | C.J.S.D. Omerga | 2771 of 2021 | Vithal Maruti Jiwange |
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