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2017 Supreme(Online)(Bom) 367

BOMBAY HIGH COURT
B.P. Dharmadhikari, V. M. Deshpande, JJ
Dayaram Bhondu Koche and Others v. State of Maharashtra and Others


Table of Content
1. disagreement with earlier precedent regarding compensation determination. (Para 1 , 2)
2. application of the 2013 act provisions to recent awards under the 1894 act. (Para 3 , 4 , 5 , 6)
3. interpretation of the supreme court’s guidance on application of the law. (Para 11 , 12 , 14 , 15)

1. The Division Bench of this Court (M/s B.P. Dharmadhikari & V. M. Deshpande, JJ.) has expressed its disagreement with the decision of another Division Bench of this Court rendered in the case of Shrikant Shankarrao Daulatkar & Ors. v. State of Maharashtra & Ors., reported in 2015 (4) ALL MR 845, in relation to the applicability of the provisions relating to determination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 ("the 2013 Act") to the cases where in the land acquisition proceedings initiated under the Land Acquisition Act , 1894 ("the 1894 Act"), an award was passed within a period of five years prior to the commencement of the 2013 Act with effect from 1-1-2014. Hence, by an order dated 2-3-2016, the Division Bench directed the Registry to place this matter before Hon'ble the Chief Justic





























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