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SHARMILA U. DESHMUKH
Shamrao Umaji Gadhe (died) Through Legal Heirs – Appellant
Versus
State Of Maharashtra – Respondent
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
The reference Court must treat the reference as an original proceeding and determine the market value afresh based on the material produced before it. The award under Section 26 of the Land Acquisiti....
The main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
The reference proceedings under Section 18 of the Land Acquisition Act cannot be dismissed for non-prosecution, and the reference court must determine the market value afresh based on the material pr....
The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim fo....
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
Knowledge of the award is crucial for invoking the statutory provisions for reference under the Land Acquisition Act, and failure to demonstrate lack of knowledge results in dismissal of the applicat....
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