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Bombay High CourtFA/1214/2015dismissedrule discharged

The State Of Maharashtra And Another v. Prabhakar Dattatrya Deshpande

2015-08-05Hon'Ble Shri Justice Nitin W. Sambre1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD FIRST APPEAL NO.1214 OF 2015 The State of Maharashtra and anr.

..Appellant

Versus

Prabhakar Dattatraya Deshpande ..Respondent Mr G.R. Ingole, A.G.P. for appellant Mr R.K. Ashtekar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 5th August 2015 PER COURT 1.

Admittedly, the issues raised in the present appeal are covered by the judgment delivered by this Court on 29th July 2015 in First Appeal No.1213 of 2015 and other connected appeals. The only difference is noticed that in the said appeals, the claim was restricted by the claimants at the rate of Rs.7/- per square feet, though the reference Court had given finding that the claimants were entitled to Rs.11/- square feet.

2.

In the present case, claim is not restricted. As such, the claimant is held entitled for compensation at the rate of Rs.9/- per square feet in the background of above referred judgment passed in First Appeal No.1213 of 2015 and other connected appeals. 3.

In the light of above, appeal fails and stands dismissed. ( N.W. SAMBRE, J.) vvr