Maharashtra Industrial Development Corporation, Through Its Cheif Executive Officer v. Vimaldevi Leeladhar Jajodiya And 2 Others

fa871.11.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 871 OF 2011 Maharashtra Industrial Development Corporation Vs. Vimladevi Leeladhar Jajdiya and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

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and Registrar'

s Orders.

Mr. M.M. Agnihotri, Advocate for appellant.

Ms S.O. Tapadiya, h/f Mr. A.H. Lohiya, Advocate for respondent No.1.

CORAM : ANIL S. KILOR, J.

DATED : FEBRUARY 26, 2020 Learned counsel for the respondent No.1 has filed a pursis informing that this land acquisition matter arises out of the same land acquisition proceeding in which this Court passed a judgment on 29.11.2018 in First Appeal No.1389/2009 and thereby dismissed the said first appeal. Learned counsel for respondent no.1 submits that the present case is covered by the said judgment and it may also be decided as per said judgment.

Mr. Thakare, learned counsel for appellant does not dispute the said fact and he fairly states that the land involved in the First Appeal No.1389/2009 is out of the same land acquisition proceeding under which the land involved in the present appeal was acquired.

Accordingly, in view of the judgment dated 29.11.2018 passed in First Appeal No.1389/2009, the

fa871.11.odt present appeal is disposed of. The respondent No.1 is permitted to withdraw the amount deposited by appellant in this Court along with accrued interest, if any thereon. JUDGE srwagh