The Union Of India, General Manager, Western Railway, Churchgate, Mumbai v. Akkabai W/O Kishor Pardhi And Others

1 fast16314.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL STAMP NO.16314/2018 The Union of India, General Manager, Western Railway, Churchgate, Mumbai ..Vs..

Akkabai W/o Kishor Pardhi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.P. Lambat, Advocate for the appellant. CORAM : NITIN W. SAMBRE, J.

DATED : 3.10.2019 1] Heard.

2] Relying on the judgment of Apex Court in the matter of Union of India V/s. Rina Devi delivered on May 9, 2018 in S.L.P.(C) No.10223/2018, Diary No.6059/2018 Shri Lambat would urge that the Tribunal has committed an error in awarding excess compensation than to which land owner was entitled. 3] If the aforesaid submissions are considered, the impugned judgment granting compensation under Section 16 of the Railway Claims Tribunal Act was delivered on March 6, 2018 whereas the Apex Court has delivered the judgment on May 9, 2018.

4] In the aforesaid background, in my opinion, the contention raised that in view of Apex Court judgment the amount of compensation needs to be

2 fast16314.18 rounded to Rs.8,00,000/- need not be gone into. 5] The appeal fails. It is dismissed accordingly. As consequences, pending applications, if any, are also disposed of.

JUDGE Tambaskar.