State Of Maharashtra ... vs Ajaychand Vijaychand Agtrawal ...
2021 Latest Caselaw 10022 Bom

  51FA 662.2008.odt                                1



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

                         FIRST APPEAL NO. 662 OF 2008

  State of Maharashtra,
  through the Collector, Akola,
  District Akola.
                                                                 ...APPELLANT
                    Versus

  1. Ajaychand s/o Vijaychand Agrawal,
     aged about 47 years.

  2. Devendra s/o Bajranglal Agarwal,
     aged about 35 years.

       Both are R/o Akola, Tq. & Dist. Akola.
                                                           ...RESPONDENTS

  Shri M.A. Kadu, A.G.P. for the appellant/ State.
  S/Shri S.C. Mehadia and A.S. Mehadia, Advocates for the
  respondents.
                    .....

                                 CORAM : PUSHPA V. GANEDIWALA, J.
                                 DATED : JULY 30, 2021.

  JUDGMENT :

In this appeal, the State challenges the judgment

and order dated 20/07/2002 passed by the Joint District

Judge, Akola in L.A.C. No. 79/1993, whereby the Reference

Court fixed the market value of the land bearing Gat No. 174,

situated at Village, Saundala, Tq. Telhara, Dist. Akola, out of

which an area of 89 R was acquired by the Government for

Wan project, at Rs.25,000/- per acre.

2. The learned counsel for the parties jointly submit

that the matter is covered by the decision of this Court

delivered in the case of Islam Ali S/o Khwaja Ali Vs. The State

of Maharashtra (First Appeal No.95/1995 decided on

30/07/2021 and another connected matter), whereby this

Court had dismissed both the appeals and confirmed the

valuation of the acquired land @ Rs.25,000/- per acre as fixed

by the Reference Court. A perusal of the impugned judgment

would reflect that the Reference Court in the impugned

judgment fixed the market value for the subject land by relying

on the judgment of the Reference Court in the case of Islam Ali

s/o Khwaja Ali (supra).

3. Given the aforesaid submission, as this Court has

already dismissed the aforesaid appeals, which decision has

attained finality, the instant First Appeal also stands dismissed

in the light of the aforesaid decision. No costs.

JUDGE ****** Sumit