The Executive Engineer, Bmebla ... vs Smt. Urmila Wd/O Narayan Kadam And ...
2017 Latest Caselaw 9739 Bom

        J-fa1336.17.odt                                                                                               1/3     


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


                                     FIRST APPEAL No.1336 OF 2017


        The Executive Engineer, Bembla Project,
        Vidarbha Irrigation Development Corporation,
        Awadhootwadi, Yavatmal,
        Tah. And Distt. Yavatmal.                    :      APPELLANT

                           ...VERSUS...

        1.    Smt. Urmila wd/o. Narayan Kadam,
               Aged about 72 years,
               Occupation : Household.

        2.    Sau. Mrudula w/o. Arunrao Khadse,
               Aged about 46 years,
               Occupation : Household.    

        3.    Sau. Kalpana w/o. Vinayakrao Kohale,
               Aged about 45 years,
               Occupation :  Agriculturist.

        4.    State of Maharashtra,
               through Collector, Yavatmal.

        5.    Special Land Acquisition Officer,
               Bembla Project, Yavatmal, 
               Tah. And Distt. Yavatmal.                                             :      RESPONDENTS


        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri P.B. Patil, Advocate for the Appellant.
        Shri A.P. Kalmegh, Advocate for the Respondent Nos.1 to 3.
        Shri B.M. Lonare, Asstt. Government Pleader for Respondent Nos.4 and 5.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                      CORAM  :   S.B. SHUKRE, J.

th DATE : 18 DECEMBER, 2017.

         J-fa1336.17.odt                                                                                               2/3     


        ORAL JUDGMENT   :

1. Heard Shri P.B. Patil, learned counsel for the appellant, Shri

A.P. Kalmegh, learned counsel for respondent Nos.1 to 3 and Shri B.M.

Lonare, learned Asstt. Government Pleader for respondent Nos.4 and 5.

2. Leaned counsel for respondent Nos.1 to 3/claimants has

placed on record the order of this Court dated 19.4.1917, rendered in

Civil Application (F) No.1628/2017 in First Appeal Stamp No.2540/2017

submitting that the issue involved in this appeal being identical to the

issue involved in the said appeal decided by this Court, this case is

squarely covered by the view taken by this Court already. Initially,

learned counsel for the appellant submitted that some different view is

possible, but later on when it was pointed out to him that even this case

was based upon the award passed in land acquisition case No.307/2003

as the case in which the view has already been taken by this Court on

19.4.2017, he conceded that it is not possible for this Court to take

another view. He would, however, submit that the Land Acquisition Case

No.207/2003 itself was not properly decided. But, now this issue is not

open to challenge by the appellant because no appeal against that award

was preferred at any point of time and the award has attained finality

long ago.

3. In view of above, I find that the issue involved in this appeal

is squarely covered by the view taken by this Court in Civil Application

J-fa1336.17.odt 3/3

(F) No.1628/2017 in First Appeal Stamp No.2540/2017, decided on

19.4.2017 and as such, no interference with the impugned award is

warranted.

4. The appeal stands dismissed.

5. Parties to bear their own costs.

6. The respondent Nos.1 to 3 are permitted to withdraw the

amount deposited in this Court along with accrued interest, if any.

JUDGE okMksns