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Bombay High CourtFA/606/1994dismissed

The State Of Amaharashtra v. 1a. Kaveribai Badrinarayan Kalantri

2019-06-20Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 598 OF 1994 The State of Maharashtra ..Appellant v/s.

Kisan Fakira Jadhav (since deceased) ..Respondents WITH FIRST APPEAL NO. 606 OF 1994 The State of Maharashtra ..Appellant v/s.

Badrinarayan Ramanath Kalantri (since deceased by Lrs).

..Respondents WITH FIRST APPEAL NO. 609 OF 1994 The State of Maharashtra ..Appellant v/s.

Vishnu Runja Jadhav ..Respondent WITH FIRST APPEAL NO. 623 OF 1994 WITH CIVIL APPLICATION NO. 2544 OF 1995 The State of Maharashtra ..Appellant v/s.

Eknath Kisan Khadave & Ors.

..Respondents Mr. Yogesh Dabke, AGP for the Appellant/Applicant. None for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th JUNE, 2019.

P.C.

1.

The appellant herein has challenged the order passed by the Reference Court under Section 152 of CPC thereby amending the Award and granting additional compensation to the respondent (original claimants) as per the amended provisions of the Land Acquisition Act, 1894.

2.

The State had challenged the impugned orders mainly on the ground that the trial Court had no jurisdiction to entertain the review applications for grant of additional benefits. 3.

Today when the matter was taken up for hearing, the learned AGP submitted that FA/622/1994 filed by the State challenging similar orders passed by the Reference Court in Land Reference No. 87 of 1981 has been dismissed by the Single Judge of this Court (Coram: Shalini Phansalkar Joshi, J.), vide judgment dated 9th May,

2017. He has submitted that the issue raised in the present appeal is squarely covered by the judgment of the learned Single Judge in First Appeal No.622 of 1994. He has placed on record, a copy of the judgment dated 9th May, 1027 in FA/622/1994.

4.

In the light of the above statement made by the learned AGP, the above appeals are dismissed without going into the merits of the matter.

5.

Civil application, if any, stands disposed of accordingly. (ANUJA PRABHUDESSAI, J.)