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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Bombay High Court Quashes Minister's Order in Land Area Correction Dispute — Remands for Fresh Consideration Due to Violation of Natural Justice. Petitioner's challenge to area correction based on 2018 report succeeds as Minister failed to consider 2010 report and denied opportunity to cross-examine.

The petitioner, Rolland Stanislaus Britto, filed a writ petition challenging an order dated 21 June 2021 passed by the Minister-Revenue, Maharashtra, ...

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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court Allows Petition Seeking Compensation for Excess Land Acquired Under National Highways Act, 1956. Re-measurement by Deputy Director of Land Records Revealed Additional Acquisition of 752 sq. mtrs., Court Directs Payment Within Three Months.

The petitioner, Syed Azizuddin Hyder, owned 53 R of land in Gat No.109 at Chitte Pimpalgaon, Aurangabad. The respondents acquired 940 sq. mtrs. of thi...

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Bombay High Court Allows CIDCO's Second Appeal in Part, Remands for Demarcation of Encroached Land. Dispute over ownership and encroachment of land survey no. 34/1 at Jaswantpura, Aurangabad, with conflicting claims between plaintiffs and CIDCO.

The case involves two second appeals by the City and Industrial Development Corporation (CIDCO) against a common judgment of the appellate court. The ...

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Karnataka High Court Partly Allows Appeal in Property Dispute Over Sale Deed Validity — Plaintiff's Title Upheld but Injunction Denied for Lack of Possession Proof. Registered Sale Deed Confers Title but Possession Must Be Independently Established Under Section 54 of Transfer of Property Act, 1882.

The appeal arises from a judgment and decree dated 22.12.2006 in O.S.No.5539/1999 passed by the VIII Additional City Civil Judge, Bangalore, partly de...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

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Bombay High Court Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...