Western Coalfields Ltd., Through ... vs Raghunath Bapurao Jivtode
2017 Latest Caselaw 4820 Bom

                                                       1                                   FA 890.2013(J)
                                                                                                                  
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
                                 FIRST APPEAL NO.890/2013

                Western Coalfields Ltd.,                         .               ..APPELLANT
                Through Chief General Manager,
                Wani North Area, Bhallar Township,
                Tq.Wani, District Yavatmal.

                                               --Versus ---
                Raghunath Bapurao Jivtode,                     .RESPONDENT
                Aged about 40 years, Occupation-Agriculturist,
                R/o Gowari, Post : Kona,
                Tah. Wani, District Yavatmal.
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Shri Tushar Darda, Advocate for appellant.
Shri N.G.Solao, Advocate for respondent.
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                                                                 CORAM : S.B.SHUKRE,J.
                                                                 DATED : 20.07.2017
ORAL JUDGMENT 


                The appeal is restored to file by separate order passed in MCA today.

The appeal is already admitted and hence, taken up for hearing by consent of

learned counsel appearing on behalf of parties.   



2.              The only question which arises for my determination is, whether or

not the issue involved in this appeal is squarely covered by the judgment of this

Court  dated   14.02.2017   rendered   in  group  of   First  Appeals  starting   with   First

Appeal No.796/2013.




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                                                 2                             FA 890.2013(J)
                                                                                                  
3.              In the judgment dated 14.02.2017, in group of appeals starting with

First   Appeal   No.796/2013,   this   Court,   having   considered   the   record   of   those

cases, then found that the respondents therein were not entitled for interest under

provisions   of   Section   17(3)   of   the   Coal-Bearing   Areas   (Acquisition   and

Development)   Act,   1957.     This   Court   also   relied   upon   the   judgment   dated

20.10.2016   rendered   by   this   Court   in  First   Appeal   No.1348/2009   (   Western

Coalfields Ltd. vs. Rangnath s/o Laxman Asutkar) and connected appeals.  The

respondent herein is also similarly situated as the respondents in the said appeals.

Therefore, the principle of law applied in those appeals would also be applicable

to   the   respondent's   case   here.   There   is   no   evidence   led   by   respondent   to

substantiate his claim that he was entitled for interest.   Therefore, I am of the

view, the issue involved in this appeal is squarely covered by the said judgment of

this Court and as such, this appeal also deserves to be disposed of on similar lines.

4.              Hence order.

                                            O R D E R 

(i) The appeal is allowed.

(ii) The impugned judgment and order is quashed and set aside.

The parties to bear their own costs.

JUDGE

Andurkar..