Pramod S/O Namdeoraoji Khonde vs Chandrakala Shriram Dhoke (Dead) ...
2023 Latest Caselaw 3502 Bom

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

                            WRIT PETITION NO. 2264 OF 2023
                   ( Shri Pramod S/o Namdeoraoji Khonde
                                     Vs.
            Smt. Chandrakala Shriram Dhoke ( Deceased), Thr. LRs. )

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


                                  Mr. Rahul Tajne, Advocate for the Petitioner.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 10th APRIL, 2023

Heard Mr. Tajne, learned counsel for the petitioner.

2. It is submitted, that the fact that the petitioner is in physical possession of the property is not in dispute, as a result of which, the original award dated 17.08.2013 was in favour of the petitioner awarding compensation, which has been upset by the learned Reference Court under reference under Section 30 of the Land Acquisition Act, 1894 by the impugned judgment dated 06.08.2022 (page 42), awarding the same to the land owners. It is contended, that in light of the definition of "person interested" as occurring in Section 3 (b) read with Section 30 of the Land Acquisition Act, 1894, the petitioner being in possession of the property was entitled to apportionment in the compensation which has

2 10.WP.2264-2023.odt

not been done by the Court below.

3. Issue notice for final disposal to the respondents, returnable on 24.04.2023.

4. The petitioner to serve the respondents by all modes permissible in law including E-mail and Whats App.

5. Till the returnable date, by way of an ad interim order, the effect and operation of the judgment dated 06.08.2022 passed in L.A.R. No. 190/2016 shall stand stayed.

JUDGE SD. Bhimte