Union Of India, New Delhi Through Its Secretary, Central Railways, Mantralaya, New Delhi And Others v. Shri. Tukaram Dhondbaji Ladekar And Other

2025:BHC-NAG:2789

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.

OF APPELLANTS : 1 Union of India, New Delhi Through its Secretary, Central Railways, Mantralaya, New Delhi.

(Ori. Non-Applicant No.2.) On RA On RA Central Railway, Through Chief Commercial Superintendent, Mumbai.

(Ori. Non-Applicant No.3.) On RA The Central Railway Office, Nagpur Division, Nagpur, Through General Manager, Nagpur, Tahsil & District Nagpur.

(Ori. Non-Applicant No.4.) ..VERSUS..

:

Shri. Tukaram Dhondbaji Ladekar, Aged about Major, Occ-Agriculturist, R/o. Salod (Hirapur), Tahsil and District Wardha.

(Org. Applicant) RESPONDENTS On RA State of Maharashtra, Through the Collector, Wardha, Special Land Acquisition Officer, Wardha, Tahsil & District - Wardha.

(Org. Non-Applicant No.1.) ------------------------------------------------------------------------------------------------------------------------------------ Mr V. M. Gadkari, Advocate for Appellants.

Ms S. S. Wandile, Advocate for Respondent No.1. Mr S. C. Joshi, AGP for Respondent/State.

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CORAM : M. W. CHANDWANI, J.

DATED : 18 th MARCH, 2025.

ORAL JUDGMENT 1.

Heard Mr. M. V. Gadkari, learned counsel for the appellants, Ms. S. S. Wandile, learned counsel for respondent No.1 and Mr. S. C. Joshi, learned Assistant Government Pleader for respondent No.2/State. With the consent of the learned counsels for both the sides, the matter is taken up for final hearing at admission stage.

2.

The present appeal is filed challenging the judgment and award dated 25.09.2019 passed by the 5th Joint Civil Judge Senior Division, Wardha in Land Acquisition Case No.7 of 2014. The amount of compensation in the said case was decided on the basis of judgment and award dated 08.04.2019 passed in Land Acquisition Case No.132 of 2014. The judgment and award passed in Land Acquisition Case No.132 of 2014 came to be challenged in an appeal before this Court vide First Appeal No.10 of 2025, which has been dismissed on 20.02.2025. The

respondent No.1/land owner prays that in view of the aforesaid, the present appeal is also liable to be dismissed. 3.

In all fairness, Mr. Gadkari, the learned counsel appearing for the appellants also does not dispute that adjudication of the Land Acquisition Case in the present matter is based on adjudication of Land Acquisition Case No.132 of 2014 and further that, the compensation awarded is upheld by this Court in First Appeal No.10 of 2025.

4.

In view of the aforesaid, the present appeal stands dismissed with no order as to costs.

5.

The amount deposited by the appellant(s) with this Court is permitted to be withdrawn by the respondent No.1/land owner alongwith accrued interest.

6.

In view of dismissal of the present appeal, pending Civil Application No.933 of 2025 does not survive. The same stands disposed of accordingly.

(M. W. CHANDWANI, J.) Tambe