Citation : 2025 Latest Caselaw 3300 Bom
Judgement Date : 18 March, 2025
2025:BHC-NAG:2789
J FA-951-2024.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.951 OF 2024
APPELLANTS : 1 Union of India, New Delhi
On RA Through its Secretary, Central
Railways, Mantralaya, New Delhi.
(Ori. Non-Applicant No.2.)
On RA 2 Central Railway,
Through Chief Commercial
Superintendent, Mumbai.
(Ori. Non-Applicant No.3.)
On RA 3 The Central Railway Office,
Nagpur Division, Nagpur, Through
General Manager, Nagpur, Tahsil &
District Nagpur.
(Ori. Non-Applicant No.4.)
..VERSUS..
RESPONDENTS : 1 Shri. Tukaram Dhondbaji Ladekar,
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, Special
Land Acquisition Officer, Wardha,
Tahsil & District - Wardha.
(Org. Non-Applicant No.1.)
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Mr V. M. Gadkari, Advocate for Appellants.
Ms S. S. Wandile, Advocate for Respondent No.1.
Mr S. C. Joshi, AGP for Respondent/State.
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J FA-951-2024.odt
2
CORAM : M. W. CHANDWANI, J.
DATED : 18th MARCH, 2025.
ORAL JUDGMENT
1. Heard Mr. M. V. Gadkari, learned counsel for the
appellants, Ms. S. S. Wandile, learned counsel for respondent
No.1 and Mr. S. C. Joshi, learned Assistant Government Pleader
for respondent No.2/State. With the consent of the learned
counsels for both the sides, the matter is taken up for final
hearing at admission stage.
2. The present appeal is filed challenging the judgment
and award dated 25.09.2019 passed by the 5 th Joint Civil Judge
Senior Division, Wardha in Land Acquisition Case No.7 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 an appeal before this Court vide First Appeal No.10
of 2025, which has been dismissed on 20.02.2025. The J FA-951-2024.odt
respondent No.1/land owner prays that in view of the aforesaid,
the present appeal is also liable to be dismissed.
3. In all fairness, Mr. Gadkari, the 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 is upheld by this
Court in First Appeal No.10 of 2025.
4. In view of the aforesaid, the present appeal stands
dismissed with no order as to costs.
5. 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.
6. In view of dismissal of the present appeal, pending
Civil Application No.933 of 2025 does not survive. The same
stands disposed of accordingly.
(M. W. CHANDWANI, J.)
Tambe Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 20/03/2025 17:05:04
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