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2025 Supreme(Bom) 1981

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Pravin S.Patil
Laxman S/o Newaji Sawarkar – Appellant
Versus
State of Maharashtra, Through Collector – Respondent


Advocates Appeared:
For the Appellant :Mr.Swapnil S.Shingane, Advocate
For the Respondent: Mr. H.D.Futane, AGP

JUDGMENT :

Pravin S. Patil, J.

1. In the present appeal, the claimants challenged the judgment and order dated 11.3.2015 passed by Joint Civil Judge, Senior Division, Amravati, in Land Acquisition Case No.278/2007, on the ground that the learned Reference Court has committed manifest error by not considering the correct valuation of the orange trees in the matter.

2. In the present case, it is undisputed fact that the appellants own and possesses an agricultural land bearing Survey Nos.128/2-A of mouza Loni, Tq. Warud, District Amravati, total admeasuring 0.66 R and field field survey No.128/2B of mouza Loni of admeasuring 0.53 R of an agricultural land.

3. In the present case, it is specifically stated by the Appellant that the State Government has issued the first notification on 31.7.2003 under Section 4 of the LAND ACQUISITION ACT , by publishing it on village Panchayat Notice Board. However, after issuing this notification, at the State level there were certain modifications and hence fresh notification again under Section 4 of the LAND ACQUISITION ACT was issued on 24.06.2004. The respondent-State does not dispute this factual position.

4. It is the case of the appellants that

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