V.I.D.C. Thr Its Exe. Eng. Bembla Project Division Yawatmal v. Jeevankala Rambhau Shiwankar And Others

903-FA-750-12 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.750 OF 2012 V.I.D.C. Thr. Exe. Engineer, Bembla Project Dvn. Yavatmal. -vsJeevankala Rambhau Shiwankar & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. B. Patil, Advocate for appellant.

Shri G. K. Mundhada, Advocate for respondent No.1. Smt. R. Deshpande, AGP for respondent Nos.3 and 4. CORAM : A.S.CHANDURKAR, J.

DATE : September 15, 2015 On behalf of respondent No.1 Civil Application No.943 of 2015 has been filed in which it is stated that the appellant has withdrawn various appeals that arose out of notification dated 14/08/2003 issued under Section 4 of the Land Acquisition Act, 1894. A reference is made to orders passed in F.A.No.1029 of 2013 where said appeal was withdrawn.

Shri A. B. Patil, learned counsel for the appellant submits that in F.A.No.1029 of 2013, the Reference Court had granted compensation @ Rs.1,70,000/- per hectare and the appeal had been withdrawn by the present appellant. He therefore submits that considering aforesaid order, the present appeal can also be disposed of in view of the stand taken in F.A. No.1029 of 2013 wherein amount of compensation of Rs.1,70,000/- per hectare was accepted by the appellant for lands from the same village. In view of aforesaid and after considering

903-FA-750-12 2/2 the evidence led before the Reference Court especially the sale instances at Exhibits-27 and 29, the amount of compensation as enhanced by the Reference Court appears to be just and proper.

Hence the impugned judgment passed by the Reference Court stands confirmed. The appeal stands dismissed but with no order as to costs.

JUDGE Asmita