The General Manager Western ... vs Dilip Namdev Bobde And 2 Otehrs
2016 Latest Caselaw 1764 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                                   FIRST APPEAL NO. 760 of 2012


                The General Manager,




                                                            
                Western Coalfields Ltd., Chandrapur,
                for Wani Area, office at Tadali,
                Tah. And Distt. Chandrapur   ......                              APPELLANT




                                              
                                       ...VERSUS...

     1.
                             
                Dilip Namdeo Bobde,
                aged about Major, Occ. Agriculturist,
                R/o. Niljai, Tah. Wani,
                            
                Distt. Yavatmal.

     2.         Madhukar Namdeo Bobde,
                aged 37 years, 
      

                R/o. Niljai, Tah. Wani,
                Distt. Yavatmal.
   



     3.         The State of Maharashtra,
                Represented by the Collector,
                Yavatmal





     4.      The Special Land Acquisition Officer,
             Minor Irrigation Work No.2, Yavatmal ...... RESPONDENTS
     -------------------------------------------------------------------------------------------
     Shri Turshar Darda, counsel for Appellant.





     Shri A.M.Deshpande, AGP for Respondent nos. 3 and 4
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

                              DATE    : 22     nd   APRIL,  2016 .


     ORAL JUDGMENT


                1]             Shri    Tushar     Darda,       the    learned        counsel




                                                2              fa760.12.odt

appearing for the appellant has invited my attention to

the decision of this Court delivered on 21.08.2015 in

First Appeal No. 300 of 2007 (W.C.L. vrs. Bhaurao

Uddhav Nande and ors). He submits that this Court has

dismissed the appeal preferred by the Western Coalfields

and the cross objection filed by the claimants in those

matters are allowed enhancing the compensation to

Rs.67,200/-.

2]

Shri Darda submits that the controversy

involved in the present matter is covered by the said

decision and the compensation awarded by the Reference

Court at the rate of Rs.67,200/- per hectare is required to

be maintained.

3] In view of above, the present appeal is

dismissed for the reasons stated in the judgment referred

to above. The claimants have not filed any cross objection

and the claimants would, therefore, be entitled to get

Rs.67,200/- per hectare and on that basis the further

entitlement shall be calculated in accordance with law.

Appeal is dismissed. No costs.

JUDGE

Rvjalit