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2023 Supreme(Bom) 221

SHARMILA U. DESHMUKH
Shamrao Umaji Gadhe (died) Through Legal Heirs – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Counsel for Appearing Parties
D.A. Bide, Advocate, S.N. Morampalle, Advocate

JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith. Mr. S.N. Morampalle, learned AGP waives service on behalf of the respondent - State. At the joint request of learned counsels appearing for the parties, the matter is heard finally at the admission stage.

2. The petitioners challenge the Award dated 07.03.2020 passed by Jt. Civil Judge, Senior Division, Aurangabad in LA.R. No.27 of 2014 whereby the reference has been dismissed.

3. Heard Mr. D.A. Bide, learned counsel for the petitioners and Mr. S.N. Morampalle, learned AGP for the respondent - State.

4. The learned counsel for the petitioners submits that reference under Section 18 of the Land Acquisition Act, 1894 cannot be dismissed for non-prosecution. He would further urge that the reference Court has not decided the claim on merits and dismissed the reference on the ground that the claimant has not bothered to pursue the matter for establishing his claim and has thus failed to adduce any evidence for the purpose of redetermination of the market value of the acquired property. As such, he would contend th

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