Central Institute Of Cotton Research Village Panjari, Nagpur Thr. Its Director v. Sukhdeo Sampatrao Deulkar And Others

2024:BHC-NAG:13183 1 1) MCA 845-24 in FA 1081-14(D).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 845 OF 2024 IN FIRST APPEAL NO. 1081 OF 2014 (D) CENTRAL INSTITUTE OF COTTON RESEARCH INDIAN COUNCIL OF AGRICULTURAL RESEARCH AT VILLAGE PANJARI, NAGPUR THR. ITS DIRECTOR ...Vs...

SUKHDEO SAMPATRAO DEULKAR AND ORS.

Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Meghna Munshi, Advocate for applicant.

Shri Anand Parchure, Advocate for respondent no. 1. Shri A.M. Ghogre, AGP for respondent nos. 2 and 3. CORAM: SMT. M.S.JAWALKAR, J.

RESERVED ON : 29th NOVEMBER, 2024.

PRONOUNCED ON : 05th DECEMBER, 2024.

The present review application/petition is filed by the respondent no. 3 in First Appeal No. 1081/2014 (D).

2.

In spite of service, the respondent no. 3 in First Appeal No. 1081/2014 (D) was failed to appear. 3.

Now, by way of review application/petition, the applicant seeks to review the judgment dated 31/07/2023 passed in First Appeal No. 1081/2014 on the ground that in other matters arising out of same award i.e. First Appeal Nos. 899/2010, 901/2010, 1017/2010, 1272/2010, 1275/2010 and 1271/2010, the compensation was enhanced to Rs. 1,25,000/- per

2 1) MCA 845-24 in FA 1081-14(D).odt hectare. However, this Court enhanced the compensation to Rs. 2,25,000/- per hectare.

4.

Shri Anand Parchure, learned counsel for the non-applicant no. 1 pointed out that, the judgment passed by this Court is perfectly justified. In view of sale deed dated 24/04/1984 placed on record, wherein the market value of the land was Rs. 1,00,000/- per acre. This sale deed relied on by the applicant is of the same period i.e. the date of issuance of notification under Section 4 of the Land Acquisition Act.

5.

The learned counsel for the applicant after going through the copy of sale deed fairly conceded that this piece of evidence was not placed before the Court while passing the judgment in First Appeal Nos. 899/2010, 901/2010, 1017/2010, 1272/2010, 1275/2010 and 1271/2010. As such, there is no error apparent on the face of record and the present review application/petition is hereby dismissed.

(SMT. M.S.JAWALKAR, J.) B.T.Khapekar