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High Court of Bombay at Goa Dismisses Landowner's Appeal for Enhanced Compensation and Allows State's Appeal Restoring Original Award. Market Value of Land Acquired for Fire Station Determined at Rs.70 per sqm Based on Comparable Sales and Development Potential.

The case involves two appeals arising from a land acquisition proceeding. The land belonging to the applicants (appellants in FA 225/2003) was acquire...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Reference Court Erred in Rejecting Claim Without Considering Evidence. Enhancement of Compensation Granted Based on Comparable Sale Instances Under Section 18 of the Land Acquisition Act, 1894.

The appellant, Luis Alex Cardozo, owned land in Margao, Goa, which was acquired by the respondents (Deputy Collector and Executive Engineer) for the c...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Land Dispute — No Interference Under Article 227 as Findings of Fact Are Not Perverse. The court held that concurrent findings of fact based on evidence cannot be interfered with under Article 227 of the Constitution of India.

The case involves a writ petition filed by the petitioners (heirs of the original plaintiff) challenging the concurrent findings of the lower courts i...

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Bombay High Court Dismisses Petitions Seeking Enhanced Compensation for Land Acquisition Under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Petitioners Failed to Demonstrate Entitlement to Higher Compensation as Per Award.

The petitioners, landowners from Uppalkheda, Taluka Soygaon, District Aurangabad, filed two writ petitions under Article 226 of the Constitution of In...

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Bombay High Court Allows Writ Petition for Reconsideration of Section 28A Application Without Certified Copy in Land Acquisition Case. The court held that the requirement of certified copy is directory and the authority should have given an opportunity to produce it.

The petitioner, Tukaram Janaba Patil, aged 96, owned agricultural lands in Gut no.1274 and 1277 at Village Kalkundri, Taluka Chandgad, District Kolhap...

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Karnataka High Court Allows Appeal in Land Reforms Act Case — Tenancy Rights Not Established Due to Lack of Evidence of Cultivation. Land Tribunal's Order Based on Surrender Deemed Invalid as Surrender by Non-Tenant Has No Legal Effect Under Section 48-A of Karnataka Land Reforms Act, 1961.

The present appeal arises from a judgment of the learned Single Judge dismissing the writ petition filed by the appellants challenging the order of th...

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...

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Gujarat High Court Dismisses PIL Challenging Gauchar Land Encroachment for Mining Activities Due to Lack of Bonafide Public Interest and Concealment of Facts. Petitioners failed to disclose pending civil suit and did not implead necessary parties, rendering the PIL an abuse of process.

The present petition was filed as a public interest litigation by two individuals claiming to be residents of Village Indore, Taluka Jhagadiya, Distri...