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Bombay High CourtFA/3317/2015dismissedrule discharged

Executive Engineer, Waghoor Dam Division, Jalgaon v. Banabai Natthu Pardhi And Others

2016-02-08Hon'Ble Shri Justice T.V. Nalawade3 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 18 FIRST APPEAL NO. 3010 OF 2015 WITH CA/8551/2015 IN FA/3010/2015 WITH FA/3011/2015 WITH CA/8559/2015 IN FA/3011/2015 WITH FA/3012/2015 WITH CA/8555/2015 IN FA/3012/2015 WITH FA/3013/2015 WITH CA/8557/2015 IN FA/3013/2015 WITH FA/3014/2015 WITH CA/8549/2015 IN FA/3014/2015 WITH FA/3015/2015 WITH CA/8553/2015 IN FA/3015/2015 WITH FA/3016/2015 WITH CA/8561/2015 IN FA/3016/2015 WITH FA/3017/2015 WITH CA/8547/2015 IN FA/3017/2015 EXECUTIVE ENGINEER WAGOOR PROJECT DIVISION JALGAON

VERSUS

TRAMBAK MOTIRAM PATIL AND OTHERS ...

Advocate for Appellant : Kutti Choudhary Chaitali R. AGP for Respondent/State : S.R. Mule Advocate for Respondent/Ori. Claimants : A.B. Kale ...

19 FIRST APPEAL NO. 3120 OF 2015 WITH CA/8206/2015 IN FA/3120/2015 WITH FA/3121/2015 WITH CA/8208/2015 IN FA/3121/2015 WITH FA/3122/2015 WITH CA/8204/2015 IN FA/3122/2015 EXECUTIVE ENGINEER, WAGHOOR PROJECT DIVISION, JALGAON

VERSUS

TULSABAI NAMDEV GORADE AND ANOTHER ...

Advocate for Appellant : Kutti Choudhary Chaitali R. AGP for Respondent/State : C.V. Dharurkar ...

23 FIRST APPEAL NO. 3244 OF 2015 WITH CA/11268/2015 IN FA/3244/2015 WITH FA/3246/2015 WITH CA/11270/2015 IN FA/3246/2015 WITH FA/3247/2015 WITH CA/11266/2015 IN FA/3247/2015 WITH FA/3248/2015 WITH CA/11273/2015 IN FA/3248/2015 WITH FA/3249/2015 WITH CA/11275/2015 IN FA/3249/2015 EXECUTIVE ENGINEER, WAGOOR PROJECT DIVISION, JALGAON

VERSUS

SITARAM SUPADU CHINCHOLE AND OTHERS

...

Advocate for Appellant : Kutti Choudhary Chaitali R. AGP for Respondent/State : R.P. Gaur ...

24 FIRST APPEAL NO. 3311 OF 2015 WITH CA/11586/2015 IN FA/3311/2015 WITH FA/3312/2015 WITH CA/11594/2015 IN FA/3312/2015 WITH FA/3313/2015 WITH CA/11598/2015 IN FA/3313/2015 WITH FA/3314/2015 WITH CA/11588/2015 IN FA/3314/2015 WITH FA/3315/2015 WITH CA/11596/2015 IN FA/3315/2015 WITH FA/3316/2015 WITH CA/11600/2015 IN FA/3316/2015 WITH FA/3317/2015 WITH CA/11590/2015 IN FA/3317/2015 WITH FA/3318/2015 WITH CA/11592/2015 IN FA/3318/2015 EXECUTIVE ENGINEER, WAGHOOR DAM DIVISION, JALGAON

VERSUS

SHARAD MADHUKAR PATIL AND OTHERS ...

Advocate for Appellant : Kutti Choudhary Chaitali R. AGP for Respondent/State: K.N. Lokhande ...

CORAM : T.V. NALAWADE, J.

DATED : 8th February, 2016.

ORDER :

1.

The appeals are filed by the Acquiring Body to challenge the judgments and awards of the Reference Court. Today Shri. A.B. Kale, learned counsel for present respondents, original claimants produced copy of the decision given by this Court (other Hon'ble Judge) in First Appeal No. 2345/2015 with connected matters dated 16.9.2015. He submitted that those appeals were filed by the present respondents to challenge the decisions of the Reference Court and for the enhancement of compensation. He submitted that those appeals were decided on

merits and after hearing the Acquiring Body.

2.

It appears that present appeals were filed in May 2015 and the appeals filed by the claimants came to be decided in September 2015, but due to oversight present appeals were not placed before the Court, the other Hon'ble Judge. The submissions made show that the compensation amount came to be enhanced only due to one circumstance like depreciation which was done by Reference Court is not accepted. It appears that the value shown of the house properties was not held acceptable by this Court. In view of these circumstances, this Court holds that nothing can be achieved by admitting appeals. All the appeals stand dismissed. All the Civil Applications stand disposed of.

[ T.V. NALAWADE, J. ] ssc/