Bombay High CourtFA/186/2019admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Pradipkumar S/O Gurudasmal Lakhani And 2 Others

2019-02-12Hon'Ble Shri Justice A.S. Chandurkar2 pages

919-FA-186-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.186 OF 2019 Maharashtra Industrial Development Corporation, Amravati, Thr. Its chief Executive Officer -vsPradipkumar s/o Gurudasmal Lakhani and ors. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. Thakare, Advocate for appellant.

Shri S. C. Sidam, Advocate h/f Shri B. Vora, Advocate for respondent No.1.

Ms H. N. Prabhu, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : February 12, 2019 Pursis has been filed on behalf of the respondent No.1-claimant stating therein that in view of adjudication of First Appeal No.133/2007 by judgment dated 24/04/2018 with regard to village Bhoyar, Taluka and District Yavatmal, an amount of Rs.1,50,000/- per hectare has been adjudicated as just compensation. It is not disputed between the parties that for the adjoining land being Survey No.31/2 the aforesaid adjudication has been done. In the present appeal the land is from Survey No.31/A from the same village. In that view of the matter the following order is passed : By adopting the reasons assigned in First Appeal No.133/2007 the judgment of the Reference court in L.A.C.No.63/2002 dated 02/02/2008 is partly modified.

919-FA-186-19 2/2 It is held that the claimant is entitled for compensation for the acquired land from Survey No.31/A admeasuring 1H 22R at the rate of Rs.1,50,000/- per hectare and same would be payable with all statutory benefits. The respondent No.1 is at liberty to withdraw the amount of compensation deposited in aforesaid terms. The balance amount if any be refunded to the appellant. The First Appeal is partly allowed in aforesaid terms with no order as to costs.

JUDGE Asmita