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2023 Supreme(Bom) 1411

URMILA JOSHI-PHALKE
Sau. Suman w/o Sudhakar Patil – Appellant
Versus
Sau. Tarabai Dadaji Tekam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Rohit Joshi, Shri M.B.Turankar
For the Respondent: Shri L.H.Kothari, Shri Rohan Chandurkar, Shri Madhur Deo

JUDGMENT :

1. By the first appeal, the appellant has challenged judgment and order dated 24.3.2021 passed by the Special Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter is referred as, “the CBA Act”) whereby the Special Tribunal directed respondent No.5 the Western Coalfileds Limited (WCL) to pay compensation to respondent Nos.1 to 4 and to provide employment.

2. By the writ petition, the petitioners (respondent Nos.1 to 4 in FA No.340/2021) have challenged order dated 24.8.2021 passed by learned Member of the Maharashtra Revenue Tribunal, Nagpur in Appeal/S.T. RESTO/CHA-9/2020 remanding the matter back to the Sub Divisional Officer, Chandrapur.

3. Brief facts necessary for disposal of the appeal and the petition, are as under:

Soma, Bala, and Sitaram, who are sons of Laxman Kodape, sold 2.20 acres of land bearing survey No.56 situated at village Belsani, tahsil and district Chandrapur to Shri Bhiwa Dawre – the father of the appellant, vide registered sale deed dated 30.8.1973. After the death of Bhiwa Dawre, the appellant being his daughter, became an absolute owner of the property and came in exclusive possession of the same. The

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