Bombay High Court
Deputy Chief Engineer (Construction) ... vs Shri. Vinod S/O Anandrao Wandile And ... on 2 April, 2025
2025:BHC-NAG:3820
J FA-9-2025.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.9 OF 2025
APPELLANTS : 1 Deputy Chief Engineer (Construction)
On RA Central Railways, Ajni, Nagpur.
(Org. Non-Applicant No.3)
On RA 2 General Manager,
Central Railway, C.S.T., Mumbai.
(Org. Non-Applicant No.4)
..VERSUS..
RESPONDENTS : 1 Shri. Vinod S/o Anandrao Wandile,
On RA Aged about Major, Occ-Agriculturist, R/o.
Salod (Hirapur), Tahsil and District Wardha.
(Org. Applicant)
2 State of Maharashtra
Through the Collector, Wardha, Tahsil &
District - Wardha.
(Org. Non-Applicant No.1)
3 Special Land Acquisition Officer,
Urdhava Wardha Prakalpa, Wardha, Tahsil &
District - Wardha.
(Org. Non-Applicant No.2)
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Mr A. Joshi, Adv. h/f Ms V. M. Gadkari, Advocate for the Appellants.
Ms S. S. Wandile, Advocate for Respondent No.1.
Ms H. S. Dhande, AGP for Respondents/State.
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CORAM : M. W. CHANDWANI, J.
DATED : 2nd APRIL, 2025.
ORAL JUDGMENT
1. Heard Mr. Joshi, learned counsel for the appellants,
Mrs. S. S. Wandile, learned counsel for respondent No.1 and
Mrs. H. S. Dhande, learned Assistant Government Pleader for
respondents/State.
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2. Admit. With the consent of the learned counsels for both the
sides, the matter is heard finally.
3. The present appeal is filed challenging the judgment and
decree dated 15.10.2019 passed by the learned Civil Judge, Senior
Division, Wardha in Land Acquisition Case No.133 of 2014. The
amount of compensation in the said case was decided on the basis of
judgment and award dated 08.04.2019 passed in Land Acquisition Case
No.132 of 2014. The judgment and award passed in Land Acquisition
Case No.132 of 2014 came to be challenged in appeal before this Court
vide First Appeal No.10 of 2025 which has been dismissed on
20.02.2025 by this Court on merit. The respondent No.1/land owner
prays that in view of the aforesaid, the present appeal is also liable to be
dismissed.
4. In all fairness, Mr. Joshi, learned counsel appearing for the
appellants also does not dispute that adjudication of the Land Acquisition
Case in the present matter is based on adjudication of Land Acquisition
Case No.132 of 2014 and further that, the compensation awarded in the
said case is upheld by this Court in First Appeal No.10 of 2025.
5. Since the award in this appeal is passed on the basis of Land
Acquisition Case No.132 of 2014, which has been upheld by this Court,
J FA-9-2025.odt
therefore, on the reason mentioned in First Appeal No.10 of 2025, the
present appeal stands dismissed with no order as to costs.
6. The amount deposited by the appellant(s) with this Court is
permitted to be withdrawn by the respondent No.1/land owner
alongwith accrued interest.
(M. W. CHANDWANI, J.)
Tambe
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 09/04/2025 19:06:17
