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Union Of India, New Delhi Through Its ... vs Shri. Tukaram Dhondbaji Ladekar And ...
2025 Latest Caselaw 3300 Bom

Citation : 2025 Latest Caselaw 3300 Bom
Judgement Date : 18 March, 2025

Bombay High Court

Union Of India, New Delhi Through Its ... vs Shri. Tukaram Dhondbaji Ladekar And ... on 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.)
              ------------------------------------------------------------------------------------------------------------------------------------
                     Mr V. M. Gadkari, Advocate for Appellants.
                     Ms S. S. Wandile, Advocate for Respondent No.1.
                     Mr S. C. Joshi, AGP for Respondent/State.
              ------------------------------------------------------------------------------------------------------------
                                                      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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