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Bombay High Court Allows Landowners' Appeal for Enhanced Compensation in Land Acquisition Case. Court holds that market value must reflect potential use and comparable sales, and that the Land Acquisition Officer's award is not binding on the Reference Court.

The judgment pertains to two first appeals arising from land acquisition proceedings for the benefit of the Goa Industrial Development Corporation. Th...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation Rate from Rs.10 to Rs.30 per sq m. Market value determined based on comparable sale instances and potential for non-agricultural use despite tenancy restrictions.

The appellant, Albert Fernandes, owned two parcels of land (3500 sq m and 2100 sq m) in Loutolim, Goa, which were acquired by the Special Land Acquisi...

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Supreme Court Upholds Finality of Appellate Order Under Rent Act; Amended Section 29(2) Not Retrospective. High Court Revisional Power Under CPC, Not Amended Act, Applies to Pre-Amendment Decisions.

The dispute arose from a suit for ejectment, arrears of rent, and other dues filed in July 1958 by the respondent-landlord against the appellant-tenan...

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Bombay High Court Allows Revision in Eviction Case Due to Lack of Proper Service of Notice Under Section 106 of Transfer of Property Act, 1882. Notice sent by UPC without acknowledgment due was held insufficient to terminate tenancy.

The revision application was filed by the applicant (defendant No.2) against the judgment and decree dated 4th May 2022 passed by the Appellate Bench ...

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Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

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Bombay High Court at Goa Upholds Reference to Mamlatdar for Tenancy Determination in Land Dispute. The court held that the Civil Court lacks jurisdiction to decide tenancy issues and must refer them to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The petitioners filed a writ petition challenging an order dated 18/02/2000 passed in Special Civil Suit No.108/1979, whereby the learned Judge ordere...