Trimbak Bala Shinde And Others v. The State Of Maharashtra Through Collector, Sunil Chavan And Others

cp613.21 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1055 CONT. PETITION NO.613 OF 2021 IN WP/1465/2021 TRIMBAK BALA SHINDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, SUNIL CHAVAN AND OTHERS ...

Advocate for Petitioners : Mr. V.G. Kodale h/f Mr. V.D. Gunale AGP for Respondents: Mr. R.V. Dasalkar .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 11th JULY, 2023.

PER COURT :- 1.

Heard.

2.

The petitioners are asking for compensation in terms of Section 28A of the Land Acquisition Act, 1894. It is informed by the learned A.G.P. that the State has preferred an appeal against the award passed by the Land Acquisition Officer and the said appeal is pending.

3.

In view of the Apex Court's judgment in the case of Bharatsing Gulabsingh Jakhad and others vs. State of Maharshtra and others, reported in 2018 (11) SCC 92, the petitioners' claim could not be entertained unless and until the appeal preferred by the State is decided and the order granting

cp613.21 -2compensation attains the finality.

4.

In view of the same, this contempt petition stands disposed of.

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/