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Bombay High CourtCAO/510/2017ca disposed off

W.C.L. Thr. Chief General Manager v. Janardhan Laxman Satpute And ANR

2017-04-18Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (O) NO.510 OF 2017 WITH MISC. CIVIL APPLICATION NO.399 OF 2017 IN CIVIL APPLICATION (F) NO.468 OF 2012 IN/WITH FIRST APPEAL (ST) NO. 22961 OF 2011 Western Coalfields Ltd., Through Chief General Manager, Wani North Area, Bhallar Township, Tq. Wani, Dist. Yavatmal.

..APPELLANT

VERSUS

1.

Janardhan Laxman Satpute (dead) Through legal representatives 1A.

Smt. Meenabai wd/o Janardhan Satpute, Aged Major, R/o.Gowari Post: Kona Tah. Wani, Dist. Yavatmal.

1B.

Shri. Amol s/o Janardhan Satpute, Aged Major, R/o. Gowari, Post Kona, Tah. Wani, Dist. Yavatmal.

1C.

Smt. Vandana d/o Janardhan Satpute, Aged Major, R/o. Gowari, Post Kona, Tah. Wani, Dist. Yavatmal.

ALTERNATIVELY ON Smt. Vandana Vijay Gokhare, Aged Major, R/o. Akhad, Tah. & Dist. Chandrapur.

..RESPONDENTS

(2) Mr Tushar Darda, Advocate for appellant;

CORAM : N.W. SAMBRE, J.

DATE : 18th APRIL, 2017 ORAL ORDER :

For the reasons stated in the application, delay caused in filing the application for restoration stands condoned.

2.

The appeal stands restored as against respondent No.1-C for the reasons disclosed in the application.

3.

For the reasons stated in the application, delay caused in filing first appeal stands condoned.

4.

Civil Applications stand disposed of.

5.

Parties are in agreement that the present appeal can be disposed of in terms of judgment delivered by this Court on 20th October, 2016 in First Appeal No. 1348 of 2009 along with other

(3) connected appeals.

6.

In the said appeals, which are already disposed of, this Court has considered the acquisition under the provisions of Section 14(2) of the Coal-Bearing Areas (Acquisition and Development) Act, 1957.

7.

In the case in hand, this Court proceeded to analyze the material as is brought on record and set aside the award delivered by the Reference Court.

8.

For the reasons disclosed in the said judgment and as the parties hereto are in agreement, the present appeal stands allowed and disposed of, however, the payment of cost is waived.

(N.W. SAMBRE, J.) Tupe