Rajesh Prabhkar Bokinpillewar And Others v. Executive Director, Vidarbha Irrigation Development Corporation Nagpur And Another

1 MCA-81-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Misc. Civil Application No.81 of 2022 In First Appeal No.571 of 2017 Rajesh Prabhakarrao Bokinpillewar and another

Versus

Executive Engineer, VIDC, Nagpur and others Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri M.M. Agnihotri, Counsel for Applicants.

Shri Tariq Zaheer, Counsel for Non-Applicant Nos.1 and 2. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : 21 st JUNE, 2023 .

1.

Heard the learned counsel for the applicants as well as the learned counsel for the non-applicant Nos.1 and 2.

2.

We find that the effort on the part of the applicants is to urge the Court to re-consider the amount of deduction that was made while determining compensation for the acquisition of their land. By referring to the decision in Subh Ram and others versus State of Haryana and another [(2010) 1 SCC 444), it is urged that by the judgment under review, excess deduction has been directed. We find that substitution of the amount of deduction would not be permissible in exercise of review jurisdiction, since there is error apparent on the face of record. The view as taken can be corrected in appellate jurisdiction. For that reason, we are not inclined to grant this application. 3.

The Misc. Civil Application is accordingly dismissed. No costs. (MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) LANJEWAR LANJEWAR 17:36