Smt. Kumudini Wd/O Uttamrao Naik And Another v. The State Of Maharashtra Through Collector, Yavatmal And Others

2025:BHC-NAG:493 1/2 35-FA-1507-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 1507 OF 2019 SMT. KUMUDINI WD/O UTTAMRAO NAIK AND ANOTHER Vrs.

THE STATE OF MAHARASHTRA AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Nemade, Advocate h/f Mr. S. U. Nemade, Advocate for appellants.

Ms. H. S. Dhande, AGP for respondent Nos.1 and 3. Mr. Amit Kukday, Advocate for respondent No.2. -------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : JANUARY 15, 2025.

1.

During the pendency of this appeal, the appellants - claimants preferred Civil Application (CAF) No.2510/2024 for disposal of present appeal, in view of the earlier order passed by this Court in First Appeal No.355/2018 by relying upon earlier Judgment dated 04/07/2017 delivered in First Appeal No.1151/2008 and other connected matters.

2.

The learned counsel for the respondent No.2 - Acquiring Body consented on oral instructions received from the Acquiring Body, for such disposal by awarding the same rate to the present appellants, as mentioned in the aforesaid Judgment dated 04/07/2017.

2/2 35-FA-1507-19.odt 3.

As such, the present appeal stands allowed and disposed of in terms of the aforesaid Judgment dated 04/07/2017 delivered in First Appeal No.1151/2008 and other connected matters.

4.

The award be prepared accordingly.

5.

It is made clear that the appellants are not claiming any compensation in respect of the trees in the acquired land. 6.

The appeal along with Civil Application (CAF) No.2510/2024 stands disposed of.

(SANDIPKUMAR C. MORE, J.) Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 17/01/2025 11:36:48