The State Of Mah. Thru Collector ... vs Undaribai Shankarao Rathod
2021 Latest Caselaw 14493 Bom

01fa408.09.odt                                                                                   1

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

                               FIRST APPEAL NO. 408 OF 2009
        (The State of Mah. & ors. Vs. Sou. Undaribai w/o Shankarrao Rathod)
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
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                          Ms. Shamsi Haidar, A.G.P. for the appellants.
                          Shri A.B. Nakshane, Advocate for the respondent.


                                  CORAM:-          PUSHPA V. GANEDIWALA, J.

                                  DATED :-         OCTOBER 05, 2021

                                           Heard.

2. Learned both the counsel on behalf of both the parties submit that this matter can be disposed of as the issue involved in this matter is already covered by the Judgment of this Court in First Appeal No.74 of 2006 vide judgment dated 03/07/2017.

3. I have perused the record of the present appeal so also the aforesaid judgment.

4. I am satisfied that the period of issuance of Notification under Section 4 of the Land Acquisition Act, 1894 in both the matters are of the year 1996 and the land is situated in the village Kumbharkinhi and the same was acquired for Kumbharkinhi dam project.

5. In the aforesaid judgment, this Court enhanced the compensation for the subject land in that appeal at the rate of Rs.90,000/- per hectare.

6. As both the lands was similarly situated, I do not find merit in this appeal.

7. For the reasons as recorded in First Appeal No.74/2006, the State's appeal is dismissed. No order as to costs.

JUDGE *DB