Bombay High Court
The Executive Engineer, Minor ... vs Shaligram Madhavrao Marathe ... on 22 August, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO.483/2016
The Executive Engineer,
Minor Irrigation Division,
Vidarbha Irrigation Development
Corporation, Washim. ..Appellant.
..VS..
1. Shaligram Madhavrao Marathe (Gaikwad),
aged about 77 Yrs., Occu. Cultivator,
R/o Wadap, Tq. Malegaon, Distt. Washim.
2. State of Maharashtra,
through Collector & Special Land Acquisition
Officer, Washim. ..Respondents.
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Shri S.S. Godbole, Advocate for the appellant.
Shri V.K. Paliwal, Advocate for respondent No.1.
Shri M.A. Kadu, A.G.P. for respondent No.2.
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CORAM : Z.A.HAQ, J.
DATED : 22.8.2016.
ORAL JUDGMENT
1. Shri S.S. Godbole, Advocate for the appellant, Shri V.K. Paliwal, Advocate
for the respondent No.1 and Shri M.A. Kadu, A.G.P. for the respondent No.2.
2. Civil Application No.1719/2016 filed by the respondent No.1 - claimant
praying for permission to withdraw the amount deposited by the appellant, is listed
for orders.
The learned Advocate for the appellant has submitted that one of the
point which falls for consideration by this Court is whether the award passed by the
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Reference Court is sustainable as it was passed in the absence of the
appellant - Acquiring Body. It is submitted that the impugned order is not sustainable
and to support the submission reliance is placed on the judgment given in the case of
Abdul Rasak and others V/s. Kerala Water Authority and others reported in (2002) 3
SCC 228.
Considering the point which arises, the appeal is taken up for hearing.
After hearing the learned Advocates for the respective parties and the
learned A.G.P. for the respondent No.2, I find that the submissions made on behalf of
the appellant are required to be accepted.
3. Hence, the following order:
(i) The impugned award is set aside.
(ii) The matter is remitted to the Reference Court for deciding the
proceedings afresh after permitting the appellant - Vidarbha Irrigation Development
Corporation to participate in the proceedings as non-applicant No.2.
(iii) The parties are at liberty to file/amend pleadings, to file documents and
to lead evidence.
(iv) As the proceedings are of 2002, the Reference Court shall dispose the
proceedings till 20th March, 2017.
(v) The parties shall appear before the Reference Court (Court of Civil Judge
Senior Division, Washim) on 13th September, 2016 and abide by further orders in the
matter.
(vi) The amount deposited by the appellant before this Court be transferred to
the Reference Court.
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(vii) The disbursement of amount shall be as per the award that may be passed
by the Reference Court.
(viii) The appeal is allowed in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
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CERTIFICATE
" I certify that this Judgment/Order uploaded is a true and correct copy of
original signed Judgment/Order".
Uploaded By : N.V. Tambaskar. Uploaded On : 30.8.2016.
Personal Assistant.
