The State Of Maharashtra vs Laxman Shenu Pardeshi And Ors
2021 Latest Caselaw 7288 Bom

                                            1                                 754-2003-FA.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                               FIRST APPEAL NO. 754 OF 2003

                           THE STATE OF MAHARASHTRA
                                     VERSUS
                       LAXMAN SHENU PARDESHI AND OTHERS

                                        AND
                         CIVIL APPLICATION NO. 4722 OF 2003

                                        ...
                        AGP for Appellant : Mr. B.V. Virdhe
                           Respondent served - absent
                                        ...


                                                CORAM :        ANIL S. KILOR, J.

                                                DATE     :     5th MAY, 2021
PER COURT :-

This matter is arising out of the same project and same acquisition

proceedings, which was the subject matter of Appeal and which was

dismissed 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 the Division Bench has approved the very rates

now granted by the Reference court in the impugned Judgment and award.

Therefore, the learned AGP submits that by adopting the reasoning in the

case of Bhagwat Vithal Sonwane (supra), this Appeal may be disposed of.

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

2 754-2003-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 the dismissal of First Appeal, Civil application no.

4722 of 2003 stands disposed of.

( ANIL S. KILOR ) JUDGE arp/-