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Bombay High CourtCAW/1090/2017admittedallwdgrantedrule absolute

Shri. Akshay S/O Dharma Madavi, Thr. P.O.A. Holder, Purshottam S/O Wasudeo Kulmathe And Others v. State Of Maharashtra, Through Collector, Chandrapur And Another

2017-05-04Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice A.S. Chandurkar2 pages

4.5CAW.1090.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO. 1090/17 IN WRIT PETITION NO. 1652 OF 2017. (Shri Akshay Dharma Madavi & others .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.N. Bhattad, Advocate for petitioners, Mr. C.A. Lokhande, A.G.P. for respondent no. 1, Mr. A.M. Ghare, Advocate for respondent no.2. .

CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATED : MAY 4, 2017.

For the reasons stated, the application is allowed. Amendment be carried out during two weeks from today.

WRIT PETITION NO. 1652 OF 2017 :

Mr. A.M. Ghare, learned Counsel for respondent no.2, states that the Western Coalfields Limited would make the payment to the petitioners along with the chart as per the calculations during the course of the day.

Mr. S.N. Bhattad, learned Counsel for petitioner, states that the petitioners would accept the same under protest reserving their right to claim higher compensation as per the subsequent Government Resolutions.

We permit the respondent WCL to make the payment to the petitioners and also permit the petitioners to accept the said payment without prejudice to their right to claim a higher

4.5CAW.1090.17 compensation.

Mr. A.M. Ghare, learned Counsel for respondent no.2, further states that within a period of one week the authorities of the WCL will approach the Collector for necessary permission to purchase the land of the petitioners. The Collector would consider the said application and decide the s+ame within a period of three weeks from the receipt of the same. S.O. after Summer Vacation.

Judge Judge J.