Bhika S/O Annda Bhalke (Dead) ... vs The Collector, Buldhana
2021 Latest Caselaw 12901 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                            WRIT PETITION NO. 2792 OF 2021
              (Vishvanath Appaji Nagare & Ors. V/s The Collector, Buldana & Anr.)
                                        WITH
                            WRIT PETITION NO. 2601 OF 2021
        (Bhika Ananda Bhalke (dead) through L.Rs. V/s The Collector, Buldana & Anr.)

Office   Notes,    Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Prothonotary's orders


                                       Mr. K. S. Narwade, Advocate for Petitioners in
                                       both the Writ Petitions.
                                       Mr. S. D. Sirpurkar, AGP for Respondent Nos.1 &
                                       2 in both the Writ Petitions.
                                                           ------

                                       CORAM     : AVINASH G. GHAROTE, J.

                                       DATE      : SEPTEMBER 8, 2021.

                 .                Mr. Sirpurkar, the learned AGP very fairly concedes

that the matter in issue is covered by the Judgment dated 15/11/2019 as passed by this Court in Writ Petition No. 7526/2019 and Writ Petition No. 7517/2019 and the Judgment dated 23/4/2019 in Writ Petition No. 1046/2019 and Writ Petition No. 1730/2019. Accepting the statement, the order dated 1/12/2016 in Writ Petition No. 2792 of 2021 and order dated 9/11/2016 in Writ Petition No. 2601 of 2021 passed by the Respondent No.2 holding that the Petitioner is not entitled to receive compensation under Section 28-A of the Land Acquisition Act is set aside.

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2. The Respondent No.2 shall consider the application as made by each Petitioner under Section 28-A of the Land Acquisition Act and pass necessary orders therein, in accordance with law.

3. The benefit under Section 28-A of the said Act shall not be refused only on the ground that rehabilitation, compensation has been received by each Petitioner. Necessary steps be taken by the Respondents in that regard expeditiously.

4. Both the Petitions are accordingly allowed in above terms.

(AVINASH G. GHAROTE, J.) Yadav VG