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Bombay High CourtFA/146/2006dismissedrule discharged

Vidarbha Irrigation Dev.Corp. Thr.Ex.Eng. And ORS. v. Devendra Jainarayan Daga And ORS.

2016-01-05Hon'Ble Shri Justice Ravi K. Deshpande2 pages

0501fa146.06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.146 of 2006 (Vidarbha Irrigation Development Corporation, through Executive Engineer, and another v. Devendra Jainarayan Daga) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.G. Palshikar, Advocate for Appellant.

Shri U.K. Bisen, Advocate for Respondent No.1. Ms A.R. Kulkarni, AGP for Respondent Nos.2 and 3. Coram : R.K. Deshpande, J.

Date : 5 th January, 2016 Heard finally by consent of the learned counsels appearing for the parties.

Shri Palshikar, the learned counsel for the appellant, and Shri Bisen, the learned counsel for the respondent No.1/claimant, make a statement that the controversy involved in the present matter is covered by the decision of this Court in First Appeal No.272 of 2014 along with First Appeal No.361 of 2009, decided on 16-9-2014. This Court has accepted the rate of Rs.60,000/- per hectare and the same is accepted as the rate in the present matter also.

In view of above, the following order is passed :

O R D E R

(I) The first appeal is dismissed.

(II) The statutory entitlements shall be calculated on

0501fa146.06.odt the basis of the compensation at the rate of Rs.60,000/- per hectare.

(III) No order as to costs.

(IV) R & P be sent back immediately.

Judge.

Lanjewar