Bombay High Court
Sk. Ninnu Sk. Manna (Dead) Thr. Lrs ... vs State Of Maharashtra, Through Its ... on 11 March, 2021
Bench: Z.A. Haq
1 caf1473.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 1473 OF 2020
AND
CIVIL APPLICATION (CAF) NO. 1475 OF 2020
IN
FIRST APPEAL NO. 1122 OF 2016 (D)
(SK. NINNU SK. MANNA & OTH...VS.. STATE OF MAH. THR. DEPT OF REVENUE & OTH.)
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
----------------------------------------------------------------------------------------------
Shri D.N.Mehta, Advocate for Applicants.
Shri R.J.Shinde, Advocate for Appellants.
Ms Mayuri Deshmukh, A.G.P. for Respondents/State.
CORAM : Z.A.HAQ, J.
DATED : MARCH 11, 2021.
CIVIL APPLN.NO.1473/2020.
Heard.
2. The applicants have prayed that the judgment
passed by this Court in First Appeal No.1122 of 2016 on 30 th
August 2016 be recalled. The applicants have further prayed
for declaration that they are also the persons interested in the
land acquisition case and are entitled for the benefits i.e.
enhanced compensation, solatium, interest and other benefits
in law. According to the applicants, they are legal heirs of
Bhago Manna widow of Sk. Manna, original appellant No.1 in
Land Acquisition Case No.252 of 1990 [L.A.C.No.78/1987
(old)].
3. By the judgment delivered in First Appeal No.
1122 of 2016 this Court has held that the appellants in appeal
are entitled for compensation @ Rs.2,40,000/- per hectare
2 caf1473.20.odt
along with statutory benefits. It is directed that the award
passed by the reference Court stands modified accordingly.
4. The appellants in First Appeal have not denied
the claim of the applicants that the applicants are legal heirs
of Bhago Manna widow of Sk. Manna.
Shri R.J. Shinde, Advocate who represents the
appellants in the First Appeal, stated that the appellants are
not having objection if it is held that the applicants are
entitled for their share from the amount of compensation
receivable by the appellants.
5. Though the learned A.G.P. opposed the claim of
the applicants for enhanced amount of compensation, in my
view, the objection raised by the learned A.G.P. does not
require consideration, inasmuch as acceptance of the claim of
the applicants will not cause any prejudice to the State
Government, Collector Yavatmal and/or Special Land
Acquisition Officer, as the appellants would be entitled for
their share from the amount of compensation already granted
to the appellants in the First Appeal.
6. In view of the above, following order is passed:
i) The applicants are permitted to come on record of
First Appeal No.1122 of 2016 as appellant Nos.5, 6, 7 and 8.
ii) The learned Advocate for the applicants shall
carryout amendment in the cause title of the Memo of First
Appeal No.1122/2016, within two weeks.
3 caf1473.20.odt
iii) Paragraph No.6 of the judgment delivered in First
Appeal No.1122 of 2016 on 30 th August 2016 shall be
modified by incorporating Clause (v) as follows:
"(v) The amount of enhanced compensation
and statutory benefits as per this judgment
shall be distributed amongst the appellants,
including newly added appellants, as per
their proportionate share as per
Mohammedan Law."
iv) The above modification be carried out in the
judgment delivered in First Appeal No.1122 of 2016 on 30 th
August 2016.
The Civil Application is allowed in the above
terms.
CIVIL APPLN.NO.1475/2020.
In view of the order passed on Civil Application
No. 1473 of 2020, the prayer in this application does not
survive, it is disposed accordingly.
JUDGE
RRaut..
