HIGH COURT DIRECTED THE TRIAL COURT TO DECIDE THE LAND ACQUISITION REF
Nagpur Bench of Bombay High Court has allowed the first appeal under section 54 of the Land Acquisition Act, 1894 filed by one Choitram Bohumal Goplani the resident of Gondia. The reference filed by the appellant Choitram was dismissed on the ground that the appellant has not abused any evidence before the Reference Court. While dismissing the reference the Reference Court gave the finding that the burden of proof that compensation awarded was inadequate and insufficient lies upon the claimant and the claimant has not discharged the burden. Justice Urmila Joshi Phalke while setting aside the Judgment and Award passed by the learned Civil Judge, Senior Division, Gondia, has observed that the reference is not an appeal against the award and the Court cannot take into account the material relied upon the Land Acquisition Officer in his award. Unless this same is produced and proved before the Court. The land of appellant was acquired for Railways Gauge Conversion Project. Adv. Ishwar S. Charlewar appeared for the appellant and V.M. Gadkari appeared for the Ministry of Railway. Read Judgment here:- https://pdf.ac/1SMh4Y
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