Radheshyam Ramjeevan Laddha, Through Poa Ajay Narayandasji Lahoti v. Union Of India, Through General Manager, C.S.T. Mumbai And 3 Others

2024:BHC-NAG:12718 1 J-XOB No.78.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CROSS OBJECTION NO. 78 OF 2024 IN FIRST APPEAL NO. 1282 OF 2013 (D) Radheshyam Ramjeevan Laddha, Aged about 67 years, Occu.- Service, Through Power of Attorney Ajay Narayandasji Lahoti, Aged about 35 years, R/o. Chitra Chowk, Amravati Tq. and Dist. Amravati.

.... CROSS-OBJECTOR // VERSUS // 1) Union of India, Through General Manager, Chhatrapati Shivaji Terminus Mumbai.

2) Dy. Chief Executive Engineer, (Construction), Central Railway, Ajni, Nagpur-3.

3) State of Maharashtra, Through Collector, Amravati.

4) Special Land Acquisition Officer, Minor Irrigation Works Amravati.

.... RESPONDENTS _____________________________________________________________ Mr. P. S. Tembhare, Advocate for Cross-Objector. Ms. Neerja Chaubey, Advocate for Respondent Nos.1 and 2. Mr. M. A. Kadu, Assistant Government Pleader for Respondent Nos.3 and 4.

_____________________________________________________________ CORAM : SANJAY A. DESHMUKH, J.

DATE : 22 nd NOVEMBER, .

2 J-XOB No.78.2024.odt ORAL

JUDGMENT

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1.

Heard. Admit. Heard finally with consent of the learned Advocates for the parties.

2.

This Cross-objection is filed in First Appeal No.1282/2013 which was preferred against the Judgment and Award passed by 3rd Joint Civil Judge, (Senior Division), Amravati in Land Acquisition Case No.21 of 2005 dated 05.11.2011. 3.

When the first appeal was pending, this cross-objection was filed and it was dismissed due to non removal of office objection. In the meanwhile, the First Appeal No.1282/2013 has been disposed of by judgment dated 30/04/2024. After that, cross-objection is restored by order dated 22.10.2024 passed in Civil Application (CAO) No. 1311/2024 in M.C.A. No.964/2024.

4.

Learned Advocate for cross-objector submitted that this cross-objection be disposed of in terms of judgment passed in First Appeal No.1282/2013. It is not disputed by other side.

3 J-XOB No.78.2024.odt 5.

Perused the record and proceedings as well as judgment passed in First Appeal No.1282/2013.

6.

It is admitted fact that judgment has been delivered on 30.04.2024 by this Court in First Appeal No.1282/2013, thereby enhanced the amount of compensation.

7.

Considering the above facts, the Cross-objection No.78/2024 is disposed of in terms of Judgment passed in First Appeal No.1282/2013. No costs.

(SANJAY A. DESHMUKH, J.) Kirtak