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

C.A. No.9391/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9391 OF 2021 IN FIRST APPEAL NO.1026 OF 2021 Abdul Kadar s/o Mohd. Usman, Died L.Rs.

Mohd. Ayub s/o Abdul Kadar, Died L.Rs.

Faimida w/o Moh. Ayub & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.M. Pingale, Advocate for applicant Mr. S.N. Kendre, A.G.P. for respondents No.1 & 2 .......

CORAM :

R. G. AVACHAT, J.

DATE :

9th September, 2021 PER COURT :

This application has been moved for clarification of the order dated 21/8/2021. By the said order, this Court has disposed of the appeal in terms of the judgment and order dated 31/1/2019 passed in First Appeal No.1069/2018. 2.

According to learned counsel for the applicants, the officials of the Decree Department find it difficult to

C.A. No.9391/2021 :: 2 ::

interpret this clause. It is, therefore, clarified that, this Court, by its judgment and order dated 31/1/2019 in First appeal No.1069/2018, has held the claimants therein to be entitled for enhanced compensation @ Rs.14,555/- per R. The appellants herein are, therefore, entitled for enhancement of compensation at the same rate. Thus, they would be entitled for enhanced compensation @ Rs.14,555/- per R. With this clarification, the Civil Application stands disposed of. ( R. G. AVACHAT ) JUDGE fmp/-