State Of Mah. v. Swarupchand Shivjiram Jain

785-2003-FA+Group.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 785 OF 2003 THE STATE OF MAHARASHTRA

VERSUS

SWARUPCHAND SHIVJIRAM JAIN AND FA/786/2003 AND FA/840/2003 AND FA/842/2003 ...

AGP for Appellant : Mr. S.S. Dande Advocate for Respondents-claimants : Mr. Ajeet B. Kale ...

CORAM :

ANIL S. KILOR, J.

DATE : 5th MAY, 2021 ORAL ORDER :- 1.

At the outset, Mr. A. B. Kale, learned counsel for the respondents-claimants submits that the issue involved in these Appeals stands settled by the decision of the Division Bench of this Court in the case of Special Land Acquisition Officer (III), Jalgaon and another Versus Bhagwat Vithal Sonwane1, where in respect of acquisition for the very same Waghur Project, the Division Bench has approved the very rates now granted by the Reference court in the impugned Judgment and award. Therefore, he submits that by adopting the reasoning in the case of Bhagwat Vithal Sonwane (supra), these Appeals are also liable to be dismissed. The learned AGP is not disputing the said fact. 2009(4) Mh.L.J. 308

785-2003-FA+Group.odt 2.

In view of aforesaid submission, since this Court has already passed the Judgment and order in the connected matters long back and it was not challenged in the Apex Court, it would not be appropriate to take different view, which was taken by the same Judgment, and accordingly, I adopt the same view.

3.

Accordingly, the First Appeals are dismissed. No order as to costs.

( ANIL S. KILOR ) JUDGE arp/-