Rameshchandra Surajmal Roda And Another.. v. The State Of Mah And Others..

wp875-05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Writ Petition No.875 of 2005 Rameshchandra Surajmal Roda and another.

Vs.

The State of Maharashtra, Deptt. Of Irrigation, Mumbai and 2 others. __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : 28th April, 2016.

Nobody for petitioners. Mrs. Naik, learned AGP has appeared for respondent nos. 1 & 2. Advocate Godbole appears for respondent no.3. Petitioners claimed compensation on the ground that their trees are damaged and also prayed for grant of compensation on that count.

This court on 3.4.2013 while passing order on Civil Application No.529/2013 has taken note of the representation made by petitioners, as also notice dated 30.9.2003 and directed the government to make appropriate statement in this respect. Thereafter respondent no.2 has filed an affidavit on 4.9.2013. In that affidavit it has been pointed out that lands of petitioners are situated much above the full tank level and as such there is no question of back-water or any damage to their trees.

wp875-05 The effort of petitioners to compare their case with holders of adjacent Gut Nos. 11, 12/2 and 12/3 is pointed out as misconceived. Respondent no. 2 has stated that those lands are at a height lower than four meters from full tank level and therefore comparison between these two lands is not permissible.

After this affidavit, there is no counter affidavit placed on record till date.

In this situation, we find no substance in the grievance as made. Petition is dismissed. Rule discharged. No costs.

JUDGE JUDGE Hirekhan