Trimbak Bhika Gadhe vs The State Of Maharashtra And ...
2016 Latest Caselaw 6861 Bom

                                                                        986_WP528016.odt


             
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                
                            BENCH AT AURANGABAD

                             WRIT PETITION NO. 5280 OF 2016




                                                        
    Trimbak Bhika Gadhe
    Age: 76 years, Occu.: Agri.,
    R/o Ladgaon, Tal. Vaijapur,




                                                       
    Dist. Aurangabad.                                          ..PETITIONER
                   VERSUS
    1.  State of Maharashtra




                                                
         Through the Irrigation Department,
         Mantralaya, Mumbai - 32.   
    2.  The Special Land Acquisition Officer,
         J.P. No.2, Collector Office, Aurangabad.
                                   
        (This office is abolished from August 2013
         and at present new office addressee is)

         The Deputy Collector (Land Acquisitio)
         

         Sub Divisional Office, Vaijapur,
         Tal. Vaijapur, Dist. Aurangabad.
      



    3. The Executive Engineer (Irrigation)
        Zilla Parishad, Aurangabad.                            ..RESPONDENTS





                                         ....
    Mr. N.J. Pahune Patil, Advocate for petitioner.
    Mr. S.K. Tambe, A.G.P. for Respondent Nos. 1 and 2.
    Mr.   M.S.   Deshpande,   Advocate   h/f   Mr.   D.B   Pawar,   Advocate   for 
    Respondent No.3.





                                         ....

                                          CORAM :  T.V. NALAWADE, J.

DATED : 01st DECEMBER, 2016

ORAL JUDGMENT :

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986_WP528016.odt

1. Rule. Rule made returnable forthwith. By consent heard both

sides for final disposal.

2. Present proceeding is filed to challenge the award made before

the National Lok Adalat for settlement which took place in L.A.R. No. 489

of 2010 on 23rd November, 2013. The matter was pending in the Court

from Aurangabad. As per the contents of the form, initially the amount of

Rs.1,000/- per R was written but by scratching that amount which was

also in words new amount of Rs.121/- per R is written. It is the

contentions of the present petitioner - original plaintiffs that he had never

agreed to accept compensation of Rs.121/- per R. It was submitted to this

Court by learned Counsel and record was shown which is to the effect

that Special Land Acquisition Officer granted compensation @ Rs. 640/-

per R. It appears that when the proceeding was filed as M.A.N.R.J.I. No.

4 of 2014 before the same Court - Reference Court, the Court refused to

interfere by holding that it was award given by Lok Adalat and there was

no jurisdiction to the Court to interfere in the award.

3. After hearing and submissions made by both sides, this Court

holds that there is possibility of mistake though there is no possibility of

fraud and so the award needs to be set aside and the matter needs to be

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returned back to the Reference Court for decision on merits. In the result,

petition is allowed. Award granted in Lok Adalat in the matter L.A.R. No.

489 of 2010 (Old No. 148 of 2005) is hereby set aside and the matter is

restored to his original number for decision. Rule made absolute in those

terms.

( T.V. NALAWADE, J. ) SSD

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