Smt. Archana Vijayrao Deshmukh v. The State Of Maharashtra Through Its Collector, Amravati And Others
2025:BHC-NAG:9468 33 MCA 389.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 389 OF 2025 IN FIRST APPEAL NO. 1251 OF 2019 (D) Smt. Archana Vijayrao Deshmukh Vs. The State of Maharashtra and ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. S. Shingane, Advocate for applicant/appellant. Mrs. H. S. Dhande, AGP for non-applicant/respondent CORAM : ROHIT W. JOSHI, J.
DATE : 19.09.2025.
.
The present application is filed by the original appellant seeking review of the judgment and order dated 25.04.2025, passed in First Appeal No. 1251 of 2019.
2.
The contention of the learned Counsel for the applicant is that although the amount of compensation awarded by the learned reference Court is enhanced, this Court has not granted statutory benefits.
3.
Perusal of Clause 1 of the operative order will demonstrate that this Court has modified the judgment and award dated 25.10.2017, passed by the learned Reference Court in LAC No. 32 of 2011. It is not in dispute that all the statutory benefits are granted by the learned reference Court.
4.
The judgment and order dated 25.04.2025 passed by this Court in First Appeal No. 1251 of 2019
33 MCA 389.25.odt will have to be read in conjunction with the award passed by the learned reference Court.
4.
In view of the judgment passed by this Court in First Appeal the operative order and award dated 25.10.2017 instead of the words "Rs.2,60,000/- per H.R. will have to be read as Rs.22,50,000/- meaning thereby that solatium interest and other statutory benefits will have to be paid to the appellant/land owner treating the marked value of the property at Rs. 22,50,000/- 5.
It is clarified that amount of Rs. 22,50,000/- represents the market value for the entire 1.5 H.R. and not the rate of the land per H.R.
6.
With this clarification, application for review stands disposed of.
(ROHIT W. JOSHI, J.) Tanmay