State Of Maharashtra Through ... vs Vinayak Nagorao Shende (Dead), ...
2016 Latest Caselaw 2275 Bom

                                               1           fast12700.14.odt

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




                                                                            
                          FIRST APPEAL ST. NO. 12700 OF 2014 




                                                    
     1]         State of Maharashtra,
                through Collector, Amravati.




                                                   
     2]         The Special Land Acquisition Officer,
                Upper Wardha Project No.4.
                Amravati.




                                        
     3]         The Executive Engineer,
                Canal Division No.3, Dhamangaon Railway,
                             
                District : Amravati.

     4]         V.I.D.C through its Executive Engineer,
                            
                Lower Wardha Project, Wardha                          APPELLANTS

                                   ...VERSUS...
      

                Vinayak Nagorao Shede
                (deceased) throgh L.Rs
   



     1]         Sau. Indubai Vinayak Shende (wife),
                aged 60 yers.





     2]         Sau. Sonu Kailasrao Gadge (daughter),
                aged 32 years.

     3]         Satish Vinayak Shende (son)
                aged 29 years.





     4]         Mangesh Vinayak Shende (son),
                aged 26 yeas.

                Respondent Nos. 1, 3 and 4 are
                R/o. Shidondi, Tq. Dhamangaon Railway,
                P.S. Manrud Dustgiri, Distt. Amravati.

                Respondent No.2 is R/o. Talegaon (Thakur),
                Tq.Tiwsa, P.S. Tiwsa, Distt. Amravati...... RESPONDENTS



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     -------------------------------------------------------------------------------------------
     Shri A.M.Kadu, AGP for appellant




                                                                                  
     Ms. Deepali Sapkal, Advocate h/f Shri A.S.Kilor, Advocate, for L.Rs of
     Respondent




                                                          
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

th DATE : 4 MAY, 2016 .

ORAL JUDGMENT

Admit.

The learned counsel for L.Rs of sole respondent

waives service of notice.

Heard finally by consent of learned counsels

appearing for the parties.

2] The controversy involved in the present matter is

covered by the decision of this Court delivered on 16 th March,

2016, in the matter of State of Maharashtra and 3 others vrs.

Purushottam Nagorao Nistane and 6 others, in First Appeal

Stamp No. 12667 of 2014. This Court has maintained the

decision of the Reference Court granting compensation at the

rate of Rs.60,000/- per hectare.

3] In the present case also, arising out of the same

notification, same award and acquisition for same purpose,

3 fast12700.14.odt

the Reference Court awarded compensation at the rate of

Rs.60,000/- per hectare. Hence, for the reasons stated in the

said judgment, the present appeal filed by the State

Government is dismissed.

4] The learned AGP submits that Civil Application

(F) No. 2096 of 2014 has been filed for grant of permission to

deposit the entire decretal amount in this Court. The said

application is allowed. The amount be deposited in this Court

on or before 15th June, 2016. Upon deposit of such amount,

the claimants are permitted to withdraw the same.

Appeal is dismissed. No orders as to costs.

JUDGE

Rvjalit