State Of Mah vs Dhudku Vedu Johare And Ors
2021 Latest Caselaw 7287 Bom

                                        1                                 479-2005-FA.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                        FIRST APPEAL NO. 479 OF 2005

                        THE STATE OF MAHARASHTRA
                                  VERSUS
                      DHUDKU VEDU JOHARE AND OTHERS

                                 AND
                  CIVIL APPLICATION NO. 5891 OF 2005

                                   ...
                   AGP for Appellant : Mr. S.S. Dande
         Advocate for Respondents-claimants : Mr. Ajeet B. Kale


                                            CORAM :        ANIL S. KILOR, J.

                                            DATE     :     5th MAY, 2021
ORAL ORDER :-

At the outset, Mr. A. B. Kale, learned counsel for the

respondents-claimants submits that the issue involved in this Appeal stands

settled by the decision of the Division Bench of this Court in the case of

Special Land Acquisition Officer (III), Jalgaon and another Versus Bhagwat

Vithal Sonwane1, where in respect of acquisition for the very same Waghur

Project, the Division Bench 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 case of Bhagwat Vithal

Sonwane (supra), this Appeal is also liable to be dismissed.

2. 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 1 2009(4) Mh.L.J. 308

2 479-2005-FA.odt

different view, which was taken by the same Judgment, and accordingly, I

adopt the same view.

3. Accordingly, the First Appeal is dismissed. No order as to

costs.

4. In view of dismissal of First Appeal, Civil Application no. 5891

of 2005 stands disposed of.

( ANIL S. KILOR ) JUDGE arp/-