High Court allowed a late review application filed in 1996 by the legal representatives of an applicant who demised during pendency, noting the State failed to oppose.
Review application allowed and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Misc. Civil Application No.228 of 1996 in F.A. No.183 of 1984 (Harising s/o. Pura Jadhao .vs. Collector, Yavatmal and Ors.)
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Mr.D.G.Patil, Adv. for the applicant. Mrs.M.N.Hiwase, AGP for respondent/State.
CORAM : B.R.GAVAI & V.M.DESHPANDE, JJ . DATE : 24.6.2016.
Heard.
By the present application, the
applicant/Original appellant, who demised during pendency of this review application and whose legal representatives are already brought on record, has prayed for grant of re-hearing and modification of the Judgment and Order passed by this Court dt. 4.7.1996 dismissing the the First Appeal. Mr.D.G.Patil, learned Counsel for the applicant submits that, in First Appeal No.167 of 1984 decided on the very same day, this Court had, relying upon the sale instances which are discarded by the Judgment under review, granted enhanced compensation @ Rs.5,000/- in respect of the similarly situated land; whereas the appeal of the present applicant was dismissed. He also submits that 30 % solatium u/s.23(2) of the Land Acquisition Act was also not granted while dismissing his appeal.
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Though this review application is filed in the year 1996, till today the State has not filed any reply to oppose the said review application. Thus, the assertion on facts made in paragraph 4 of the said review application has gone uncontroverted. Therefore, the application is required to be allowed and accordingly, it is allowed.
Put up First Appeal No.183 of 1994 along with First Application No.182 of 1984 for final hearing in the next week.
The application is allowed and disposed of.
JUDGE JUDGE
**_jaiswal_*
Harising s/o. Pura Jadhao
Collector, Yavatmal
B.R.Gavai
V.M.Deshpande
As recorded by the court registry
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