Manohar Sadashiv Gore vs Western Coalfields Limited, ...
2022 Latest Caselaw 12781 Bom

                                                                                                                                             73. FA 273 of 2017.odt
                                                                                           1


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

                                                           FIRST APPEAL NO.273/2017

                              Manohar Sadashiv Gore
                                     ...Versus...
     Western Coalfields Limited, through its Chief General Manager, Chandrapur

                                        WITH
                            FIRST APPEAL NO.320/2020
                         Mahendra Singh s/o Ramdeo Singh
                                     ...Versus...
     Western Coalfields Limited, through its Chief General Manager, Chandrapur
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                              Shri A.B. Nakshane, Advocate for appellant in FA No.273/2017
                                                              Shri Tushar Darda, Advocate for respondent FA No.273/2017
                                                              Shri G.D. Asole, Advocate for appellant in FA No.320/2020
                                                              Shri C.S. Samudra, Advocate for respondent in FA No.320/2020

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 08/12/2022

1. Shri Nakshane, learned counsel for the appellant in First Appeal No.273/2017 submits, that the matter is covered by the Government Resolution dated 22/08/2012 and the judgment of this Court in Writ Petition No.4722/2014 (Sau. Sunitabai Bhaurao Chikankar Vs. Western Coalfields Limited, through its Chairman cum Managing Director, Nagpur and others) along with connected matter, decided on 08/06/2015, against which, special leave petition has been

73. FA 273 of 2017.odt

dismissed by the Hon'ble Apex Court holding that the enhanced compensation as provided in the Circular dated 22/08/2012 must be paid to the owners.

2. The learned counsels for the appellants in the present appeals and the learned counsels appearing for the respective appellants in the connected appeals are directed to place on record all the Circulars of the Western Coalfields Limited and the Government Resolutions, which according to them have a bearing upon the matters in issue, as it is claimed that in terms of the Government Resolution dated 22/08/2012 and the related judgments wherein the same has been considered, the appellants would be entitled to enhance compensation as mentioned in the Government Resolution dated 22/08/2012, as against the plea by the respondent/Western Coalfields Limited, that the said Government Resolution dated 22/08/2012 would not have any retrospective effect and would only be applicable to acquisitions made subsequent to the Government Resolution and not to those which are initiated prior to the said Government Resolution.

3. Stand over to 12/12/2022 along with connected appeals and First Appeal No.161/2005.

Signed By:SHRIKANT DAMODHAR BHIMTE (AVINASH G. GHAROTE, J.) Signing Date:08.12.2022 17:06 Bhimte