State Of Maha vs Shamrao Sambhaji Jadhav
2021 Latest Caselaw 7276 Bom

                                            1                        1389-2003-FA+Group.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                               FIRST APPEAL NO. 1389 OF 2003

                               THE STATE OF MAHARASHTRA
                                         VERSUS
                               CHINDU DEVACHAND CHOPADA

                                       AND
                          FIRST APPEAL NO. 1387 OF 2003
                                       AND
                           FIRST APPEAL NO. 554 OF 2004
                                       AND
               FIRST APPEAL NO. 552 OF 2004 WITH CROSS OBJ. ST. 82/2005
                                       AND
                           FIRST APPEAL NO. 550 OF 2004
                                       AND
                           FIRST APPEAL NO. 549 OF 2004
                                       AND
                           FIRST APPEAL NO. 543 OF 2004
                                       AND
                           FIRST APPEAL NO. 541 OF 2004
                                       AND
                           FIRST APPEAL NO. 542 OF 2004
                                       AND
                           FIRST APPEAL NO. 551 OF 2004

                                 ...
                AGP for Appellant : Mr. S.S. Dande
Advocate for respondent : Mr. Milind M. Patil Beedkar (FA/552/2004
        and for applicant in X-Objection St. no. 82/2005)
                                 ...

                                                CORAM :        ANIL S. KILOR, J.

                                                DATE     :     5th MAY, 2021
ORAL ORDER :-

These matters are arising out of the same project and same

acquisition proceedings, which was the subject matter of First Appeal no.

641 of 2001 and it is stand settled by the decision dated 02-03-2015 of the

learned Single Judge of this Court in the said First Appeal no. 641 of 2001

with connected First Appeals (Kamaji S/o Shankar Jadhav Versus The State

2 1389-2003-FA+Group.odt

of Maharashtra and others), where the Single Judge has approved the very

rates now granted by the Reference court in the impugned Judgment and

Award. Therefore, he submits that by adopting the reasoning in the above

referred case, these Appeals may be disposed of.

2. Mr. Milind Patil, learned counsel appearing in Cross Objection

(St.) no. 82 of 2005 in First Appeal No. 552 of 2004, submits that the

reasoning of the learned Reference Court that reliance at sale instance

Exhibit 27 would be 'costlier affair', would be unreasonable. He submits

that there should not have been hitch to fully accept the price quoted in the

sale instance Exhibit 27.

3. In view of aforesaid submission, since this Court has already

passed the Judgment and Order in the connected matters long back and it

was not challenged in the Apex Court, it would not be appropriate to take

different view, accordingly, I adopt the same view.

4. Accordingly, the First Appeals are dismissed. No order as to

costs.

5. In view of the dismissal of First Appeal no. 522 of 2004, Cross

Objection (St.) no. 82 of 2005 filed in said First Appeal, also stands

disposed of.

( ANIL S. KILOR ) JUDGE arp/-