Mahesh Kumar Ramjanak Dixit And 2 Others v. Western Coalfields Limited Through Its Chairman Cum Managing Director, Nagpur And 3 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Writ Petition No. 5519 of 2015 (Mahesh Kumar Ramjanak Dixit and ors. Vs. Western Coalfields Ltd. through its Chairman cum Managing Director, Coal Estate, Nagpur and ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri V. A. Patait, Advocate for the petitioners Ms. Pushpalata Ranjan, Advocate for respondent nos. 1 to 3 Shri N. H. Joshi, AGP for the respondent no. 4 CORAM : Smt. Vasanti A. Naik and Prasanna B. Varale, JJ.

DATE : 14-12-2015.

Shri Patait, learned counsel for the petitioners states that the issue involved in this case was also involved in Writ Petition Nos. 4722/2014 and 4819/2014 and this Court has, by a judgment dated 8-6-2015 allowed the writ petitions and held that the petitioners would be entitled to similar compensation as is paid to the other land holders on the basis of the Government Resolution dated 22-8-2012. It is stated that the land of the petitioners herein and the land of the petitioners in the decided cases were also situated in the same area and were acquired by the Central Government, by the same notification. It is stated that an order like the one passed in Writ Petition No. 4722/2014, may be passed in this case also.

Ms. Ranjan, the learned counsel for the respondent - Western Coalfields Limited does not dispute that the issue involved in this case was .....2/-

2 wp5519.15.odt involved in the decided writ petitions also. It is stated that the respondent - Western Coalfields Limited is ready to pay compensation as per the directions in Writ Petition Nos. 4722/2014 and 4819/2014. It is stated that due to some difficulty, an application is moved in this Court for extension of time for making the payment. It is stated that an appropriate order may be passed in the circumstances of the case.

Since we find, on hearing the learned counsel for the parties, that the issue involved in this case stands answered in favour of the petitioners by the judgment dated 8-6-2015 in Writ Petition Nos. 4722 and 4819 of 2014, we allow this writ petition and direct the respondent - Western Coalfields Limited to pay the difference of compensation amount to the petitioners by applying the Government Resolution dated 22-8-2012 since the petitioners would also be entitled to compensation in terms of the said government resolution.

Order accordingly. No costs.

JUDGE JUDGE wasnik ...../-