State Of Maha And Ors vs Bhaskar Sitaram Chaudhari
2024 Latest Caselaw 2454 Bom

Bombay High Court

State Of Maha And Ors vs Bhaskar Sitaram Chaudhari on 25 January, 2024

2024:BHC-AUG:1879




                         IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                    BENCH AT AURANGABAD

                              994 FIRST APPEAL NO. 1025 OF 2003

                    1.     The Special Land Acquisition Officer,
                           (III), Upper Tapi Project, (Hatnur),
                           Jalgaon.

                    2.     The Executive Engineer,
                           Waghur Project, Jalgaon.          ...Appellants
                                                        (Orig.Respondents)
                           VERSUS

                           Bhaskar Sitaram Chaudhari,
                           Age 65 years, Occupation Agri.,
                           R/o Shingayat, Tal.Jamner,
                           District Jalgaon.               ...Respondent
                                                      (Orig.Claimant)

                                                  ...
                          AGP for Appellants-State : Ms. P. R. Bharaswadkar
                           Advocate for Respondent : Mr. Kulkarni Mukul S.
                                                  ...

                                            WITH
                                FIRST APPEAL NO. 1026 OF 2003

                    1.     The Special Land Acquisition Officer,
                           (III), Upper Tapi Project, (Hatnur),
                           Jalgaon.

                    2.     The Executive Engineer,
                           Waghur Project, Jalgaon.          ...Appellants
                                                        (Orig.Respondents)
                           VERSUS

                           Yamunabai w/o Shriram Patil,
                           Age Major, Occupation Agri.,
                           R/o Shingayat, Tal.Jamner,
                           Dist.Jalgaon.                     ...Respondent
                                                        (Orig.Claimant)
                                       2                      994 FA 1025-2003




                                 ...
         AGP for Appellants-State : Ms. P. R. Bharaswadkar
          Advocate for Respondent : Mr. Kulkarni Mukul S.
                                 ....

                                    CORAM : ARUN R. PEDNEKER, J.
                                     Dated : January 25, 2024
ORAL JUDGMENT :-

1. Heard the learned Advocate appearing on behalf of the

respective parties.

2. The learned Advocate appearing on behalf of the respondents

has placed reliance on the Judgment of this Court in First Appeal

No.211 of 2004 and other connected matters, decided on

01/08/2016 arising out of the same acquisition. This Court in the

aforesaid First Appeal No.211 of 2004, relying upon the Judgment of

the Division Bench of this Court in Special land Acquisition Officer

(III), Jalgaon and Another Versus Bhagwat Vithal Sonwane and

etc., reported in 2009 (6) AIR Bom R 715, dismissed all the appeals

of the State. Also relying upon the above Judgment of this Court the

connected First Appeal No.943 of 2003 and other connected matters

are also withdrawn before the Lok-Adalat dated 25/09/2021.

3 994 FA 1025-2003

3. The learned AGP has not disputed that present first appeals

are arising out of the same acquisition and the acquired lands are

similarly situated.

4. In view of the same, since the above Judgment of Division

Bench of this Court is squarely applicable to the present appeals, the

appeals are dismissed.

( ARUN R. PEDNEKER, J. )

vj gawade/-.