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Bombay High CourtFA/266/1995abated

State Of Maharashra Through Spl. Land Acq.Officer v. Pratapsingh Mansingh Pardeshi And ANR.

2022-07-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 213 FA266.1995.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 266 OF 1995 The State of Maharashtra .... Appellant v/s.

Pratapsingh Mansingh Pardeshi and anr.

.... Respondents Ms. Tanaya Goswami - AGP for the State.

None for the Respondent.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JULY, 2022.

P. C. :- .

This is an Appeal under section 54 of the Land Acquisition Act filed by the Appellant - State challenging the impugned judgment and award dated 31/07/1991 in Land Reference No.115/1986. 2.

Under the said award, the Reference Court has awarded compensation of Rs.72,024.60/- with statutory benefits. The records reveal that Respondent No.1(1) has already expired and the proceedings have abated as against Respondent No.1(1). The award has become final as against the legal representatives of the deceased Respondent No.1(1). If the Appeal is allowed, there will be conflicting decisions. Hence, the Appeal as a whole stands abated as otherwise it 1/2

P.H. Jayani 213 FA266.1995.doc would result in inconsistent awards, which is not permissible in law. Consequently, the Appeal as a whole is dismissed as abated. PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.07.13 14:20:03 +0530 2/2