Abdul Kadar Mohd. Usman, Deceased Thr Lrs Moh. Ayub Abdul Kadar Deceased Thr Lrs Faimida And ORS v. The State Of Maharashtra, Thr The District Collector, Aurangabad And ANR

1 944-fa-1025-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1025 OF 2021 Abdul Kayyub Abdul Kadar ... Appellant

Versus

The State of Maharashtra and another ... Respondents AND FIRST APPEAL NO. 1026 OF 2021 Abdul Kadar s/o Mohd. Usman Deceased through L.R's

1. Moh. Ayub Abdul Kadar Deceased through L.R's 1-a) Faimida w/o Moh. Ayub and others ... Appellants

Versus

The State of Maharashtra and another ... Respondents ....

Mr. D. A. Mane, Advocate h/f Mr. D. M. Pingale, Advocate for appellants Mr. A.B. Chate, AGP for respondent Nos. 1 and 2 ....

CORAM : R. G. AVACHAT, J.

DATED : 21st AUGUST, 2021 PER COURT :- .

Heard.

2.

Learned Advocate for the appellants states that these areleft out matters from the group of three matters, one of which has already been decided by this Court vide judgment and order dated

2 944-fa-1025-2021.doc 31.01.2019 i.e. First Appeal No. 1069 of 2018. Learned Advocate for the appellants seeks the order similar to one passed in this connected matter.

3.

Learned AGP would on the other hand, objects. 4.

On perusal of the judgment and order passed in First Appeal No. 1069 of 2018 and the facts of the present appeals, it would clear that the acquisition was for one and the same project and the award has been passed pursuant to the common notification issued under Section 4 of the Land Acquisition Act. In view of the same, the present appeals need to be given equal treatment. 5.

Hence, the present First Appeals stand disposed of in terms of the judgment and order dated 31.01.2019 passed in First Appeal No.1069 of 2018.

[ R. G. AVACHAT, J. ] SMS