State Of Maha And ORS v. Bhaskar Sitaram Chaudhari
2024:BHC-AUG:1879
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 994 FIRST APPEAL NO. 1025 OF 2003 1.
The Special Land Acquisition Officer, (III), Upper Tapi Project, (Hatnur), Jalgaon.
2.
The Executive Engineer, Waghur Project, Jalgaon.
...Appellants (Orig.Respondents)
VERSUS
Bhaskar Sitaram Chaudhari, Age 65 years, Occupation Agri., R/o Shingayat, Tal.Jamner, District Jalgaon.
...Respondent
(Orig.Claimant) ...
AGP for Appellants-State : Ms. P. R. Bharaswadkar Advocate for Respondent : Mr. Kulkarni Mukul S. ...
WITH FIRST APPEAL NO. 1026 OF 2003 1.
The Special Land Acquisition Officer, (III), Upper Tapi Project, (Hatnur), Jalgaon.
2.
The Executive Engineer, Waghur Project, Jalgaon.
...Appellants (Orig.Respondents)
VERSUS
Yamunabai w/o Shriram Patil, Age Major, Occupation Agri., R/o Shingayat, Tal.Jamner, Dist.Jalgaon.
...Respondent
(Orig.Claimant)
994 FA 1025-2003 ...
AGP for Appellants-State : Ms. P. R. Bharaswadkar Advocate for Respondent : Mr. Kulkarni Mukul S. ....
CORAM : ARUN R. PEDNEKER, J.
Dated : January 25, 2024 ORAL JUDGMENT :- 1.
Heard the learned Advocate appearing on behalf of the respective parties.
2.
The learned Advocate appearing on behalf of the respondents has placed reliance on the Judgment of this Court in First Appeal No.211 of 2004 and other connected matters, decided on 01/08/2016 arising out of the same acquisition. This Court in the aforesaid First Appeal No.211 of 2004, relying upon the Judgment of the Division Bench of this Court in Special land Acquisition Officer (III), Jalgaon and Another Versus Bhagwat Vithal Sonwane and etc., reported in 2009 (6) AIR Bom R 715, dismissed all the appeals of the State. Also relying upon the above Judgment of this Court the connected First Appeal No.943 of 2003 and other connected matters are also withdrawn before the Lok-Adalat dated 25/09/2021.
994 FA 1025-2003 3.
The learned AGP has not disputed that present first appeals are arising out of the same acquisition and the acquired lands are similarly situated.
4.
In view of the same, since the above Judgment of Division Bench of this Court is squarely applicable to the present appeals, the appeals are dismissed.
( ARUN R. PEDNEKER, J. ) vj gawade/-.