Western Coalfields Ltd.Thr The ... vs Manohar S/O Shanker Bhongle & 2 Ors
2017 Latest Caselaw 6533 Bom

fa.38.08.jud                          1


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

                        FIRST APPEAL NO.38 OF 2008


Western Coalfields Limited,
Through the Chief General Manager,
Wani Area, Tadali,
Tq. & Distt. Chandrapur.                                            .... Appellant

       -- Versus -

01]    Manohar s/o Shankar Bhongale,
       Aged about 55 years, Occ. Agriculturist,
       R/o Belora, Tq. Wani, Distt. Yavatmal.

02]    Special Land Acquisition Officer,
       Benefit Zone, Yavatmal.

03]    State of Maharashtra,
       through Collector, Yavatmal,
       Tq. & Distt. Yavatmal.                                 .... Respondents


Shri S.C. Mehadia, Advocate for the Appellant.
Mrs. H.N. Prabhu, A.G.P. for Respondent Nos.2 & 3.

                 CORAM          : KUM. INDIRA JAIN, J.
                 DATE           : AUGUST 24, 2017.


ORAL JUDGMENT :-


                 This appeals challenges the judgment and order dated

06/03/2007 passed by the Reference Court (Civil Judge Senior

Division), Pandharkawada-Kelapur, District Yavatmal in Land

Acquisition Case No.79/2002.




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02]              Appellant is an acquiring body.     Respondent no.1 is

the claimant and respondent nos.2 & 3 are representatives of

the State. Land admeasuring 1.43 H situated at village Belora

came to be acquired for Belora Open Cast Project. Notification

under Section 4 of the Land Acquisition Act, 1894 ('Act' for short)

was issued on 03/12/1987. Land Acquisition Officer determined

compensation at Rs.20,000/- per hectare.                  Reference Court

enhanced the amount of compensation to Rs.45,000/- per

hectare. Being aggrieved, acquiring body preferred the present

appeal.



03]              Shri S.C. Mehadia, learned Counsel for appellant

submits that the controversy is put to rest by common judgment

dated 06/09/2012 in First Appeal No.368/2005 with connected

appeals and in First Appeal No.1002/2011 with connected

appeals dated 03/04/2014.



04]              Mrs. H.N. Prabhu, learned Assistant Government

Pleader does not dispute the adjudication with regard to the

identical dispute from the same village. In view of the reasons

assigned in First Appeal No.368/2005 with connected appeals,




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present appeal can be conveniently disposed of.                     Hence, the

following order :


                                  ORDER

I. First Appeal No.38/2008 stands dismissed.

            II.     No order as to costs.


*sdw                                        (Kum. Indira Jain, J)