1 Jud.FA 484.04.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
First Appeal (L.A.) No. 484/2004
Appellants/Ori. Respondents (On R.A.):-
1. The State of Maharashtra.
2. The Collector, Yavatmal,
Dist. Yavatmal
3. The Special Land Acquisition
Officer (Benefited Zone),
Yavatmal.
4. Sub Divisional Engineer, Vidarbha
Irrigation Development
Corporation,
Arunawati Project, Digras, Tq.
Digras, Dist. Yavatmal.
(amendment as per order
dated 07.12.2017.)
Versus
Respondent/Ori. Petitioner (On R.A.):-
Shri Akbar Umar Teli,
aged about 55 yrs, Occ.
Cultivator, R/o. Digras,
Tah. Digras, Dist. Yavatmal.
Shri M. A. Kadu, Assistant Government Pleader for appellants.
Shri A. Z. Jibhkate, Advocate for respondent.
___________________________________________________________________________
CORAM : S. B. SHUKRE, J.
DATE : 07.12.2017. Oral Judgment :
1. Leave to amend so as to add Vidarbha Irrigation Development Corporation as party-respondent is granted. ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 00:41:41 :::
2 Jud.FA 484.04.odt
2. This appeal questions legality and correctness of the order dated 3rd January, 2004 rendered in Land Acquisition Case No. 66/1994 by learned Civil Judge, Senior Division, Pusad.
3. The issue involved in this appeal is the same as involved in First Appeal No. 41/2006 and Cross objection No. 15/2006 which have been decided today by this Court by remanding back the reference application to the Reference Court for a decision afresh in the matter. Therefore, this appeal would have to be decided on the same lines and it is decided accordingly.
The appeal is allowed by following the judgment and order in First Appeal No. 41/2006 and following directions are issued:-
(i) The reference application, is remitted back to the Reference Court for its decision afresh in accordance with law from the stage of evidence. It is made clear that evidence already tendered by the parties shall be valid and taken into consideration by the Reference Court. The parties shall be at liberty to adduce further evidence if they choose to do so.
(ii) The claimant having been permitted to withdraw ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 00:41:41 ::: 3 Jud.FA 484.04.odt the decreetal amount on furnishing security/surety etc. shall be bound by those conditions and shall also abide by the final decree that will now be passed afresh by the Reference Court.
(iii) The Reference Court shall allow the VIDC to be joined as a party-respondent. The amendment in this regard be carried out within one week from the date of appearance of the parties.
(iv) The parties to appear before the Reference Court on 18th December, 2017. The Reference Court shall dispose of the reference application within six months from the date of appearance of the parties before it.
(v) The parties shall cooperate with the Reference Court without seeking any adjournment except on the ground of factors beyond their control.
(vi) The costs of appeal shall be borne by the VIDC.
(vii) The appeal stands disposed of accordingly.
JUDGE Gohane ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 00:41:41 :::