Abdul Kayyum Abdul Kadar vs The State Of Maharashtra Thr The ...
2021 Latest Caselaw 11501 Bom

                                        1           944-fa-1025-2021.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                          FIRST APPEAL NO. 1025 OF 2021

 Abdul Kayyub Abdul Kadar                              ... Appellant
      Versus
 The State of Maharashtra and another                  ... Respondents

                                      AND
                          FIRST APPEAL NO. 1026 OF 2021

 Abdul Kadar s/o Mohd. Usman
 Deceased through L.R's
 1. Moh. Ayub Abdul Kadar
 Deceased through L.R's
 1-a) Faimida w/o Moh. Ayub and others          ... Appellants
       Versus
 The State of Maharashtra and another           ... Respondents
                                 ....
 Mr. D. A. Mane, Advocate h/f Mr. D. M. Pingale, Advocate for
 appellants
 Mr. A.B. Chate, AGP for respondent Nos. 1 and 2
                                 ....

                                    CORAM : R. G. AVACHAT, J.

DATED : 21st AUGUST, 2021

PER COURT :-

. Heard.

2. Learned Advocate for the appellants states that these

areleft out matters from the group of three matters, one of which has

already been decided by this Court vide judgment and order dated

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31.01.2019 i.e. First Appeal No. 1069 of 2018. Learned Advocate for

the appellants seeks the order similar to one passed in this connected

matter.

3. Learned AGP would on the other hand, objects.

4. On perusal of the judgment and order passed in First

Appeal No. 1069 of 2018 and the facts of the present appeals, it

would clear that the acquisition was for one and the same project

and the award has been passed pursuant to the common notification

issued under Section 4 of the Land Acquisition Act. In view of the

same, the present appeals need to be given equal treatment.

5. Hence, the present First Appeals stand disposed of in

terms of the judgment and order dated 31.01.2019 passed in First

Appeal No.1069 of 2018.

[ R. G. AVACHAT, J. ]

SMS

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