Sk. Ninnu Sk. Manna (Dead) Thr. Lrs Sakro Wd/O Ninnu Naurangabade And Others v. State Of Maharashtra, Through Its Secretary, Dept. Of Revenue And Forest And 2 Others

1 caf1473.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1473 OF 2020 AND CIVIL APPLICATION (CAF) NO. 1475 OF 2020 IN FIRST APPEAL NO. 1122 OF 2016 (D) (SK. NINNU SK. MANNA & OTH...VS.. STATE OF MAH. THR. DEPT OF REVENUE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N.Mehta, Advocate for Applicants.

Shri R.J.Shinde, Advocate for Appellants.

Ms Mayuri Deshmukh, A.G.P. for Respondents/State. CORAM : Z.A.HAQ, J.

DATED : MARCH 11, 2021.

CIVIL APPLN.NO.1473/2020.

Heard.

2.

The applicants have prayed that the judgment passed by this Court in First Appeal No.1122 of 2016 on 30th August 2016 be recalled. The applicants have further prayed for declaration that they are also the persons interested in the land acquisition case and are entitled for the benefits i.e. enhanced compensation, solatium, interest and other benefits in law. According to the applicants, they are legal heirs of Bhago Manna widow of Sk. Manna, original appellant No.1 in Land Acquisition Case No.252 of 1990 [L.A.C.No.78/1987 (old)].

3.

By the judgment delivered in First Appeal No. 1122 of 2016 this Court has held that the appellants in appeal are entitled for compensation @ Rs.2,40,000/- per hectare

2 caf1473.20.odt along with statutory benefits. It is directed that the award passed by the reference Court stands modified accordingly. 4.

The appellants in First Appeal have not denied the claim of the applicants that the applicants are legal heirs of Bhago Manna widow of Sk. Manna.

Shri R.J. Shinde, Advocate who represents the appellants in the First Appeal, stated that the appellants are not having objection if it is held that the applicants are entitled for their share from the amount of compensation receivable by the appellants.

5.

Though the learned A.G.P. opposed the claim of the applicants for enhanced amount of compensation, in my view, the objection raised by the learned A.G.P. does not require consideration, inasmuch as acceptance of the claim of the applicants will not cause any prejudice to the State Government, Collector Yavatmal and/or Special Land Acquisition Officer, as the appellants would be entitled for their share from the amount of compensation already granted to the appellants in the First Appeal.

6.

In view of the above, following order is passed: i) The applicants are permitted to come on record of First Appeal No.1122 of 2016 as appellant Nos.5, 6, 7 and 8. ii) The learned Advocate for the applicants shall carryout amendment in the cause title of the Memo of First Appeal No.1122/2016, within two weeks.

3 caf1473.20.odt iii) Paragraph No.6 of the judgment delivered in First Appeal No.1122 of 2016 on 30th August 2016 shall be modified by incorporating Clause (v) as follows: "(v) The amount of enhanced compensation and statutory benefits as per this judgment shall be distributed amongst the appellants, including newly added appellants, as per their proportionate share as per Mohammedan Law."

iv) The above modification be carried out in the judgment delivered in First Appeal No.1122 of 2016 on 30th August 2016.

The Civil Application is allowed in the above terms.

CIVIL APPLN.NO.1475/2020.

In view of the order passed on Civil Application No. 1473 of 2020, the prayer in this application does not survive, it is disposed accordingly.

JUDGE RRaut..