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SHARMILA U. DESHMUKH
Vithoba Kondiba Lokara – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith. Mrs. G.L. Deshpande, learned AGP waives service on behalf of the respondents - State in both the matters. Mr. Arvind N. Gaddime, learned counsel waives service on behalf of respondent no.3 in Writ Petition No.14990 of 2021. At the joint request of learned counsels appearing for the parties, the matters are heard finally at the admission stage.
2. The petitioner in Writ Petition No.14990 of 2021 challenges the Award dated 03.04.2012 passed by the 3rd Jt. Civil Judge Senior Division, Osmanabad in L.A.R. No.14 of 2002 whereby the reference was rejected.
3. The petitioner in Writ Petition No.14953 of 2021 challenges the Award dated 02.05.2012 passed by Civil Judge, S.D,, Omerga in L.A.R. No.988 of 2005 whereby the reference is dismissed.
4. Heard Mr. Vivekanand V. Ingale, learned advocate for the petitioners and Mrs. G.L. Deshpande, learned AGP for the respondents - State in both the matters and Mr. Arvind N. Gaddime, learned counsel for respondent no.3 in Writ Petition No.14990 of 2021.
5. The learned counsel for
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 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 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 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 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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