[Cites 7, Cited by 0]
Bombay High Court
M/S Jamwaymata Trading Llp Throu. ... vs The Land Acquisition Officer And Dy ... on 6 January, 2026
Author: Manish Pitale
Bench: Manish Pitale
2026:BHC-AS:420-DB
902-wp-17264-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 17264 OF 2025
Siddhivinayak Agro Industries through .. Petitioner
Its Authorized Signatory
V/s.
The Land Acquisition Officer and Ors. .. Respondents
WITH
WRIT PETITION NO. 17265 OF 2025
M/s. Siddhivinayak Agro Industries .. Petitioner
V/s.
The Land Acquisition Officer and Ors .. Respondents
Digitally
signed by
WITH
VARSHA
VARSHA DEEPAK
DEEPAK GAIKWAD
WRIT PETITION NO. 17266 OF 2025
GAIKWAD Date:
2026.01.07
17:49:36
+0530
Siddhivinayak Manufacturing .. Petitioner
V/s.
The Land Acquisition Officer and Ors. .. Respondents
WITH
WRIT PETITION NO. 17267 OF 2025
Shiv Manufacturing .. Petitioner
V/s.
The Land Acquisition Officer and Ors. .. Respondents
WITH
WRIT PETITION NO. 17268 OF 2025
Shiv Manufacturing .. Petitioner
V/s.
The Land Acquisition Officer and Ors. .. Respondents
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WITH
WRIT PETITION NO. 17306 OF 2025
Shiv Industries through Its Authorized .. Petitioner
Signatory
V/s.
The Land Acquisition Officer and By .. Respondents
Collector and Ors.
WITH
WRIT PETITION NO. 17307 OF 2025
Shiv Industries .. Petitioner
V/s.
The Land Acquisition Officer and By .. Respondents
Collector and Ors.
WITH
WRIT PETITION NO. 17309 OF 2025
M/s. Ganesha Food Processors through .. Petitioner
Nikhil R. Agarwal
V/s.
The Land Acquisition Officer and By .. Respondents
Collector General Administration and
Ors.
WITH
WRIT PETITION NO. 17318 OF 2025
Siddhivinayak Agro Industries .. Petitioner
V/s.
The Land Acquisition Officer and By .. Respondents
Collector and Ors.
WITH
WRIT PETITION NO. 17322 OF 2025
M/s Siddhivinayak Food Processors .. Petitioner
Through Nikhil Radhyshyam Agrawal
V/s.
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The Land Acquisition Officer and By .. Respondents
Collector General Administration and
Ors.
WITH
WRIT PETITION NO.17368 OF 2025
M/s Avmit Homes LLP Through Nikhil .. Petitioner
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration and
Ors
WITH
WRIT PETITION NO.17369 OF 2025
Shivshakti Bhagar And Rice Processors .. Petitioner
Llp Throu. Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administraion And
Ors
WRIT PETITION NO.17370 OF 2025
M/s Avmit Homes LLP Through Nikhil .. Petitioner
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17371 OF 2025
M/S Ganesha Food Processors Throu. .. Petitioner
Nikhil R Agarwal
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17372 OF 2025
Siddhivinayak Electronics Throu. Nikhil .. Petitioner
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17373 OF 2025
M/s Avmit Homes LLP Through Nikhil .. Petitioner
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17374 OF 2025
M/S Siddhipriya Buildcon LLP Throu. .. Petitioner
Nikhil R Agrwal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17375 OF 2025
M/s Jamwaymata Trading LLP Through .. Petitioner
Nikhil R Agrawal
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17328 OF 2025
(Not on board. Taken on Board)
M/s Agrawal Foodstaff LLP through .. Petitioner
Nikhil R. Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17620 OF 2025
(Not on board. Taken on Board)
M/s Avmit Homes LLP Through Nikhil .. Petitioner
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17333 OF 2025
(Not on board. Taken on Board)
M/s Siddhivinayak Food Processors .. Petitioner
through Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17325 OF 2025
(Not on board. Taken on Board)
M/s Siddhivinayak Traders .. Petitioner
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17330 OF 2025
(Not on board. Taken on Board)
M/s. Agrawal Foodstaff LLP through .. Petitioner
Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17335 OF 2025
(Not on board. Taken on Board)
M/s. Rural Infrastructure Development .. Petitioner
Pvt. Ltd through Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17761 OF 2025
(Not on board. Taken on Board)
M/s. Rural Infrastructure Development .. Petitioner
Pvt. Ltd. Through its Authority sign
Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17334 OF 2025
(Not on board. Taken on Board)
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M/s Jamwaymata Trading LLP Through .. Petitioner
Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17612 OF 2025
(Not on board. Taken on Board)
M/s NDC Lifestyle LLP through Nikhil .. Petitioner
Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17622 OF 2025
(Not on board. Taken on Board)
M/s. Bhagawati Agro System Pvt. Ltd. .. Petitioner
Through its authority sign Nikhil
Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17332 OF 2025
(Not on board. Taken on Board)
Ms. Savarmal Food Products LLP .. Petitioner
through Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
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WITH
WRIT PETITION NO.17613 OF 2025
(Not on board. Taken on Board)
M/s Siddhivinayak Traders through its .. Petitioner
authorised signatory Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17619 OF 2025
(Not on board. Taken on Board)
M/s Sarvambh Agro Industries LLP .. Petitioner
through its authorised signatory Nikhil
R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17337 OF 2025
(Not on board. Taken on Board)
M/s Bhagwati Cotex Pvt. Ltd through .. Petitioner
Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17338 OF 2025
(Not on board. Taken on Board)
M/s Bhagwati Cotex Pvt. Ltd through .. Petitioner
Nikhil R Agrawal
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17608 OF 2025
(Not on board. Taken on Board)
M/s Jainson Realtors Pvt. Ltd. Through .. Petitioner
Nikhil Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17614 OF 2025
(Not on board. Taken on Board)
M/s Shahapur Bhagar Food LLP .. Petitioner
Through Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION NO.17336 OF 2025
(Not on board. Taken on Board)
M/s Shahapur Bhagar Food LLP .. Petitioner
Through Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION (ST) NO.39142 OF 2025
(Not on board. Taken on Board)
Siddhivinayak Manufacturing .. Petitioner
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION (ST) NO.39148 OF 2025
(Not on board. Taken on Board)
Arun Namdev Ranpise .. Petitioner
V/s.
The State of Maharashtra and Ors. .. Respondents
WITH
WRIT PETITION (ST) NO.39335 OF 2025
(Not on board. Taken on Board)
M/s. Avmit Homes LLP through Nikhil .. Petitioner
Agrawal.
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION (ST) NO.39346 OF 2025
(Not on board. Taken on Board)
M/s Jamwaymata Trading LLP Through .. Petitioner
Nikhil R Agrawal
V/s.
The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
WITH
WRIT PETITION (ST) NO.39354 OF 2025
(Not on board. Taken on Board)
M/s Janish Pharma LLP through Nikhil .. Petitioner
R Agrawal
V/s.
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The Land Acquisition Officer and Dy .. Respondents
Collector General Administration And
Ors
-------------------
Mr. Vivek Punjabi a/w Tarak Shah, Priyansh Jain and Sahil Punjwani, for the
Petitioners.
Mr. A.I. Patel, Addl. G.P. with P.N. Diwan, AGP, for the State in
WP/17264/2025 and WP/17375/2025.
Mr. A.I. Patel, Addl. G.P. with M.P. Thakur, AGP, for the State in
WP/17371/2025.
Ms. M.S. Bane, AGP for the State in WP/17265/2025, WP/17306/2025,
WP/17318/2025, WP/17370/2025, WP/17374/2025 and
WPST/39335/2025
Mr. R.S. Pawar, AGP, for the State in WP/17266/2025, WP/17268/2025,
WP/17368/2025, WP/17372/2025, WP/17338/2025.
Ms. S.A. Prabhune, AGP, for the State in WP/17267/2025, WP/17309/2025
Ms. M.P. Thakur, AGP, for the State in WP/17307/2025, WP/17330/2025
and WPST/39148/2025.
Mr. Swapnil Kamble, AGP, for the State in WP/17322/2025,
WPST/39346/2025.
Mr. M.M. Pable, AGP, for the State in WP/17369/2025, WP/17373/2025 and
WP/17337/2025.
Mr. A.I. Patel, Addl. G.P. for State in WP/17328/2025.
Mr. B.V. Samant, Addl. G.P. for State in WP/17620/2025.
Ms. S.D. Vyas, Addl. G.P. for State in WP/17333/2025.
Ms. Tanu Bhatia, AGP for State in WPST/39142/2025.
Ms. R.M. Shinde, AGP for State in WP/17325/2025.
Ms. S.R. Crasto, AGP for State in WP/17335/2025.
Mr. A.R. Deolekar, AGP, for State in WP/17334/2025.
Mr. A.A. Alaspurkar, AGP, for State in WP/17612/2025.
Mr. S.H. Kankal, AGP for State in WP/17622/2025.
Ms. Kavita Solunkhe, AGP, for State in WPST/39354/2025.
Ms. R.A. Salunke, AGP, for State in WP/17332/2025.
Ms. A.A. Purav, AGP, for State in WP/17613/2025.
Ms. P.N. Diwan, AGP, for State in WP/17619/2025.
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Mr. Ketan Joshi, B Panel, for State in WP/17608/2025.
Ms. P.J. Gavhane, AGP, for State in WP/17614/2025.
Mr. O.A. Chandurkar, Addl. G.P. with Ms. G.R. Raghuwanshi, AGP, for State
in WP/17336/2025.
--------------------
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 6TH JANUARY 2026.
PC:
1. Heard the learned counsel for the Petitioners as well as the
learned Additional Government Pleaders for the Respondent
Authorities.
2. As many as 18 Petitions are listed on board today raising a
common question and the learned counsel for the Petitioners brought
to our notice that there are 23 more Writ Petitions raising identical
issues, to be listed before this Court this week.
3. With the consent of the parties, the remaining 23 Writ Petitions
are taken on board, to be considered along with the 18 Writ Petitions
listed today.
4. The Petitioners in these Writ Petitions are claiming identical relief
pertaining to compensation to be paid to them for extinguishing or
impairing easementary and appurtenant rights under Section 19 B(5)
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of the Maharashtra Highways Act, 1955 (hereinafter referred to as 'the
MH Act').
5. According to the Petitioners, the said compensation is
mandatorily required to be determined and paid to the landowners like
the Petitioners under Section 19 B(5) of the MH Act, after following
due procedure prescribed in Sub Sections (6) and (7) thereof.
6. Since the Petitioners claim that their statutory right has been
violated, they are invoking writ jurisdiction of this Court in these Writ
Petitions.
7. In all these Writ Petitions, it has been stated that either statutory
arbitral proceedings for raising grievances against awards passed by
the Land Acquisition Officer are pending before the Divisional
Commissioner or Arbitral Awards having been passed and applications
filed under Section 34 of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as 'the Arbitration Act') are pending before the
Competent Courts. In some of the Writ Petitions, it is stated that the
applications under Section 34 of the Arbitration Act were allowed, the
awards pronounced by the Statutory Arbitrator (Divisional
Commissioner) were set aside and the parties were relegated to a fresh
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round of arbitration.
8. In the face of the said admitted position on facts that all the
Petitioners in these Writ Petitions have already invoked the statutory
remedy of arbitration, a specific question was put to the learned
counsel for the Petitioners as to how the present Writ Petitions are
maintainable.
9. In response, the learned counsel for the Petitioners relied upon a
compilation of documents consisting, inter alia, of
letters/representations preferred by the Petitioners in the year 2022
before the Competent Authorities, including the Land Acquisition
Officer, with regard to their claim for compensation in respect of
easementary rights payable under Section 19 B (5) of the MH Act.
10. It is to be noted that the awards in these cases were passed by
the Land Acquisition Officer in the year 2019 and such
letters/representations were preferred by the Petitioners during the
pendency of the arbitral proceedings before the Statutory Arbitrator
i.e. the Divisional Commissioner.
11. It was contended by the learned counsel for the Petitioners that
the said letters/representations preferred by the Petitioners are still
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lying without any response from the Competent Authorities. Hence, it
was indicated that Writ Petitions would be maintainable against such
Respondent Authorities, as they have failed to respond to the
letters/representations preferred by the Petitioners specifically in
respect of their right as claimed under Section 19 B (5) of the MH Act.
12. Apart from this, reliance was placed on judgment of a Division
Bench of the Punjab and Haryana High Court in the case of 'National
Highway Authority of India v/s Resham Singh and Ors' 1. It was
submitted that in a similar situation, the Division Bench of the Punjab
and Haryana High Court entertained Writ Petitions and granted relief
of Additional Market Value, solatium and additional interest to the
landowners.
13. Reference was also made to the Judgment of the Supreme Court
in the case of 'Union of India and Anr V/s Tarsem Singh and Ors' 2. It
was submitted that in the said judgment the Supreme Court upheld the
orders passed by the High Court exercising writ jurisdiction even when
the aggrieved parties / landowners had not filed applications under
Section 34 of the Arbitration Act to challenge the Arbitral Awards.
1 (2023) SCC online P & H 7228
2 (2019) 9 SCC 304
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14. On this basis, it was submitted a since a statutory relief is being
sought, the present Writ Petitions ought to be entertained by this Court
exercising writ jurisdiction.
15. On the other hand, the learned AGPs submitted that the Writ
Petitions ought not to be entertained, for the reason that the
Petitioners have already invoked statutory remedy of Arbitration under
Section 19 B (8) of the MH Act.
16. Having taken recourse to such statutory remedy and in the
process having failed to raise the issue pertaining to compensation for
easementary rights under Section 19 B(5) of the MH Act, the
Petitioners cannot be permitted to invoke the writ jurisdiction of this
Court in these Writ Petitions.
17. It was submitted that having failed to raise the aforesaid issue
and the matters pertaining to the Petitioners pending at various stages
of arbitration, the Petitioners cannot be allowed to invoke writ
jurisdiction to open another front of challenge.
18. It was further submitted that in the event the Writ Petitions are
entertained and the result goes either way i.e. either in favour of the
Petitioners or against them, it would ultimately lead to unnecessary
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confusion and multiplicity of orders with respect to the core issue of
determination of appropriate compensation for the Petitioners who are
the landowners.
19. On this basis, it was submitted that this Court may not entertain
Writ Petitions and the Writ Petitions may be dismissed.
20. We have considered the rival submissions. It is an admitted
position on facts that in all these Writ Petitions, the Petitioners indeed
invoked the statutory remedy under Section 19 B (8) of the MH Act,
being aggrieved by determination of amount of compensation by the
Land Acquisition Officer. All the awards passed by the Land Acquisition
Officer in the context of the Petitioners were made subject matter of
the statutory arbitral proceedings.
21. In some cases the statutory arbitral proceedings are pending
before the Competent Authority i.e. the Divisional Commissioner. In
other cases the Divisional Commissioner has passed arbitral awards
that are the subject matter of challenge in applications filed under
Section 34 of the Arbitration Act, before the Competent Courts. In a
few cases of the Petitioners before this Court, the applications under
Section 34 of the Arbitration Act were allowed, the arbitral awards
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were set aside and the parties were relegated to a fresh round of
arbitration before the Divisional Commissioner.
22. In other words, the statutory remedy invoked by the Petitioners in
all these Petitions is alive in one form or the other and the Petitioners can
very well approach the Competent Authority or the Competent Court to
raise the grievance pertaining to their right of compensation concerning
easementary rights under Section 19 B (5) of the MH Act.
23. We find substance in the contention raised by the learned AGPs that
entertaining the present Writ Petitions would result in two parallel
proceedings being undertaken by the very same claimants / landowners
and that too in the backdrop of they having failed to take up the issue
pertaining to Section 19 B (5) of the MH Act in the first instance when
the statutory arbitrations were invoked.
24. In such a situation, we find that the Petitioners cannot rely upon
the judgment of the Division Bench of Punjab and Haryana High Court in
the case of 'National Highway Authority of India v/s Resham Singh'
(supra) or even the Supreme Court in the case of 'Union of India V/s
Tarsem Singh' (supra).
25. The present cases are factually distinguishable and it is not as if
the Petitioners are left remediless. We also note the fact that when the
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statutory arbitrations were invoked in the first place, nothing
prevented the Petitioners from raising the aforesaid issue in such
arbitral proceedings pertaining to the right to compensation for
easementary rights under Section 19 (B)(5) of MH Act.
26. Nonetheless, we find that if there is a statutory relief available to
the claimants like the Petitioners they can be granted an opportunity,
in accordance with law, to raise such issue in the pending arbitral
proceedings at various stages initiated at the behest of the Petitioners.
27. We are of the opinion that upon such liberty being granted, the
concerned statutory arbitrator or substituted arbitrators or the
Competent Courts can sympathetically consider the issue sought to be
raised by the Petitioners without insisting on technicalities, so that the
claims of the Petitioners can be comprehensively decided.
28. We find that in the face of the pending proceedings, details of
which have been revealed in the Writ Petitions themselves, jurisdiction
under Article 226 of the Constitution of India cannot be exercised and
the Writ Petitions can be disposed of by granting appropriate liberty to
the Petitioners, as indicated hereinabove.
29. In view of the above, Writ Petitions are disposed of with the
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following directions:
ORDER
a) The Petitioners are granted liberty to apply before the
Statutory Arbitrator i.e. the Divisional Commissioner in
pending arbitral proceedings or substituted arbitrators, as the
case may be, for amendment of their statements of claim to
incorporate the issue pertaining to right to compensation for
easementary rights under Section 19 B(5) of the MH Act.
b) In the cases where arbitral awards have been already
pronounced and the Petitioners have filed applications under
Section 34 of the Arbitration Act before the Competent
Courts, such Petitioners are granted liberty to apply to the
said Courts for amending their applications to incorporate the
aforesaid issue pertaining to Section 19 B (5) of the MH Act.
c) In the cases where applications under Section 34 of the
Arbitration Act were allowed and the arbitral awards were set
aside, relegating the parties for fresh round of arbitration,
liberty granted in clause (a) hereinabove shall equally apply.
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d) Statutory Arbitrator i.e. the Divisional Commissioner
and the Competent Courts where proceedings initiated by the
Petitioners, are pending are directed to consider the
applications, that may be filed by the Petitioners in view of
the liberty granted hereinabove, sympathetically and in
accordance with law without insisting on technicalities.
30. Writ Petitions are disposed of in the above terms. Pending
applications, if any, are also disposed of.
31. It is made clear that in cases where the mandate of the statutory
arbitrator has expired and private arbitrators are consequently
appointed, the directions hereinabove shall equally apply to all such
matters.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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