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Bombay High CourtWP/3592/2025allowed

Sampat Lataru Dhoke (Dead) Through Lrs. v. Union Of India, Secretory, Ministry Of Defense, New Delhi And Others

2025-07-14Hon'Ble Shri Justice Prafulla S. Khubalkar1 pages

13-WP-3592-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3592 OF 2025 (Sampat Lataru Dhoke (Dead), through LRs Vs. Union of India & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.P. Deshmukh, Counsel for the petitioner. Mr. V.S. Uberoi h/f Mr. P.V. Navlani, Counsel for respondent no.1.

Mr. N.S. Autkar, A.G.P. for respondent nos. 2 and 3/State. .....

CORAM : ANIL L. PANSARE, J.

JULY 14, 2025 Heard.

2] The application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894, has been rejected by respondent no.3 stating therein that under the provisions of the Land Acquisition Act, particularly Section 3(g), 'Court' means 'Civil Judge Senior Division' and does not include 'High Court' or 'Supreme Court'. 3] The learned Counsel for the petitioner submits that the award passed by the Civil Judge Senior Division has attained finality in terms of the order passed by the Hon'ble Supreme Court and, therefore, the petitioner is entitled for payment of compensation in terms of the judgment of the Supreme Court.

4] The learned Counsels for the respondents to make submissions tomorrow.

5] Stand over tomorrow, i.e., on 15/7/2025.

(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PS To Honourable Judge Date: 14/07/2025 13:15:16