Kalpana Arjun Mali v. District Collector Jalgaon And Others

fa2700,2698,2699-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2700 OF 2015 WITH FA/2698/2015 WITH FA/2699/2015 KALPANA ARJUN MALI

VERSUS

DISTRICT COLLECTOR JALGAON AND OTHERS ...

Advocate for Appellant : Kale Ajeet B.

AGP for Respondents: Mr.A.M.Phule ...

CORAM : S.V.GANGAPURWALA,J.

DATED : 20TH OCTOBER, 2015 PER COURT :- Notice to respondents returnable in eight weeks. Learned AGP waives service for respondent nos.1 and 2. Mr.S.D.Dhongade, learned counsel waives service for respondent nos.3 and 4. 2] The learned counsel for the appellants submits that this Court has already decided other connected appeals arising out of same acquisition proceedings bearing First Appeal No.2232/15 and other connected appeals vide order dated 12/10/2015. The learned counsel for appellants relied on the judgment of Apex Court in the case of Ambya Kalya Mhatre (Died) through L.Rs. And others V/s State of Maharashtra reported in 2012 (1) Mh.L.J. 3] The learned AGP and Mr.Dhongade, learned counsel for respondents accept that the lands covered in First Appeal No.2232/15 with connected appeals and the lands involved in the

fa2700,2698,2699-15 -2present appeals are acquired for the same project, from the same area and vide the same notification and the matters are remitted to the reference Court for decision afresh.

4] In light of above, in the present appeals also, the same course is required to be followed.

5] Impugned judgments and awards are quashed and set aside. Parties are relegated before Reference Court. Parties shall appear before reference Court on 16/11/2015. Parties are entitled to adduce additional evidence First appeal accordingly disposed of. No costs. [S.V.GANGAPURWALA,J.] umg/