Deputy Chief Engineer (Construction) Central Railways, Nagpur And Other v. Shri. Vinod S/O Anandrao Wandile And Others

2025:BHC-NAG:3820

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.

9 OF : 1 Deputy Chief Engineer (Construction) Central Railways, Ajni, Nagpur.

(Org. Non-Applicant No.3) APPELLANTS On RA On RA General Manager, Central Railway, C.S.T., Mumbai.

(Org. Non-Applicant No.4) ..VERSUS..

:

Shri. Vinod S/o Anandrao Wandile, Aged about Major, Occ-Agriculturist, R/o. Salod (Hirapur), Tahsil and District Wardha.

(Org. Applicant) RESPONDENTS On RA State of Maharashtra Through the Collector, Wardha, Tahsil & District - Wardha.

(Org. Non-Applicant No.1) Special Land Acquisition Officer, Urdhava Wardha Prakalpa, Wardha, Tahsil & District - Wardha.

(Org. Non-Applicant No.2) ------------------------------------------------------------------------------------------------------------------------------------ Mr A. Joshi, Adv. h/f Ms V. M. Gadkari, Advocate for the Appellants. Ms S. S. Wandile, Advocate for Respondent No.1. Ms H. S. Dhande, AGP for Respondents/State.

------------------------------------------------------------------------------------------------------------ CORAM : M. W. CHANDWANI, J.

DATED : 2 nd APRIL, 2025.

ORAL JUDGMENT 1.

Heard Mr. Joshi, learned counsel for the appellants, Mrs. S. S. Wandile, learned counsel for respondent No.1 and Mrs. H. S. Dhande, learned Assistant Government Pleader for respondents/State.

2.

Admit. With the consent of the learned counsels for both the sides, the matter is heard finally.

3.

The present appeal is filed challenging the judgment and decree dated 15.10.2019 passed by the learned Civil Judge, Senior Division, Wardha in Land Acquisition Case No.133 of 2014. The amount of compensation in the said case was decided on the basis of judgment and award dated 08.04.2019 passed in Land Acquisition Case No.132 of 2014. The judgment and award passed in Land Acquisition Case No.132 of 2014 came to be challenged in appeal before this Court vide First Appeal No.10 of 2025 which has been dismissed on 20.02.2025 by this Court on merit. The respondent No.1/land owner prays that in view of the aforesaid, the present appeal is also liable to be dismissed.

4.

In all fairness, Mr. Joshi, learned counsel appearing for the appellants also does not dispute that adjudication of the Land Acquisition Case in the present matter is based on adjudication of Land Acquisition Case No.132 of 2014 and further that, the compensation awarded in the said case is upheld by this Court in First Appeal No.10 of 2025. 5.

Since the award in this appeal is passed on the basis of Land Acquisition Case No.132 of 2014, which has been upheld by this Court,

therefore, on the reason mentioned in First Appeal No.10 of 2025, the present appeal stands dismissed with no order as to costs. 6.

The amount deposited by the appellant(s) with this Court is permitted to be withdrawn by the respondent No.1/land owner alongwith accrued interest.

(M. W. CHANDWANI, J.) Tambe