General Manager, Central Railway, C.S.M.T. Mumbai And Another v. Pramod Anandraoji Wandile And Others

2025:BHC-NAG:1751 1/3 48.Judg.fa.10.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 10 OF 2025 1.

General Manager, Central Railway, C.S.M.T. Mumbai.

2.

Deputy Chief Engineer (Construction) Central Railway, Ajni, Nagpur.

... APPELLANTS V E R S U S 1.

Pramod Anandraoji Wandile Age about 63 Years, Occu-Agriculturist, R/o Salod (Hirapur), Tahsil and District Wardha.

2.

State of Maharashtra Through Collector, Wardha - 442 001.

3.

Special Land Acquisition Officer Upper Wardha Project, Wardha-442 001.

District Wardha.

... RESPONDENTS Mr. V. M. Gadkari, Advocate for Appellants.

Ms. S. S. Wandile, Advocate for Respondent No.1. Mr. M. A. Kadu, AGP for Respondent Nos.2 and 3.

CORAM

: ROHIT W. JOSHI, J.

DATE : FEBRUARY 20, 2025.

ORAL JUDGMENT .

Heard Mr. V. M. Gadkari, learned Counsel for the Appellants, Ms. S. S. Wandile, learned Counsel for the Respondent No.1 and Mr. M. A. Kadu, learned AGP for the Respondent Nos.2 and 3. With consent of the

2/3 48.Judg.fa.10.2025.odt learned Counsel for both sides, matter is taken up for final hearing at admission stage.

2.

The present Appeal is filed challenging the Judgment and Award dated 8/4/2019 passed by the learned Joint Civil Judge Senior Division, Wardha in Land Acquisition Case No. 132/2014. The amount of compensation in the said case was decided on the basis of Judgment and Award dated 29/10/2018 passed in Land Acquisition Case No. 115/2013. The Judgment and Award passed in Land Acquisition Case No. 115/2013 came to be challenged in an Appeal before this Court vide First Appeal No. 217/2021, which has been dismissed on 29/6/2022. The Respondent No.1/land owner prays that in view of the aforesaid, present Appeal is also liable to be dismissed.

3.

In fairness, Mr. Gadkari, the learned Counsel for Appellants does not dispute that adjudication of the Land Acquisition Case in the present matter is based on adjudication of Land Acquisition Case No. 115/2013 and further that the compensation awarded is upheld by this Court in First Appeal No. 217/2021.

4.

In view of the aforesaid, present Appeal is dismissed with no order as to costs.

3/3 48.Judg.fa.10.2025.odt 5.

The amount deposited by the Appellant with this Court is permitted to be withdrawn by the Respondent No.1/land owner along with accrued interest.

6.

In view of dismissal of the present Appeal, pending Civil Application No. 53/2025 does not survive. The same stands disposed of accordingly.

(ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 24/02/2025 10:24:05