Bombay High Court
Venubai Appasaheb Deshmukh, Lrs ... vs The State Of Maharashtra And ... on 16 December, 2016
Bench: T.V. Nalawade
961_WP478616.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4786 OF 2016
Venubai Appasaheb Deshmukh
(Died) Through L.R.
Madhav Kondiba Chavan
Age: 50 years, Occu.: Agri.,
R/o Pangaon, Tq. Renapur,
Dist. Latur. ..PETITIONER
VERSUS
1. The State of Maharashtra
Through Collector, Latur.
2. The Executive Engineer,
Latur Medium Project,
Latur, Dist. Latur.
3. The Special Land Acquisition Officer,
(M.I.W.) at Latur.
4. Dattatraya Madhav Chavan
Age: 23 years, Occu.: Agri.,
R/o Pangaon, Tq. Renapur,
Dist. Latur. ..RESPONDENTS
....
Mr. B.N. Patil, Advocate for petitioner.
Mr. B.A. Shinde, A.G.P. for Respondent Nos. 1 and 3.
Mr. S.Y. Patil, Advocate for Respondent No.4.
....
CORAM : T.V. NALAWADE, J.
DATED : 16th DECEMBER, 2016
ORAL JUDGMENT :
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1. Rule. Rule made returnable forthwith. Heard both sides by
consent for final disposal.
2. The petition is filed to challenge the order made on Exhibit 12
in L.A.R. No. 204 of 2001. The L.A.R. was filed by Madhav Chavan, his
son Dattatraya and sister Venubai. Venubai died on 20 th April 2009. Her
legal heirs were not brought on record and reference came to be decided
on 20th November, 2010. After decision on L.A.R., aforesaid application
came to be filed by Madhav to come on record as legal heir of Venubai so
that he is able to collect the award amount to which Venubai was entitled.
Apparently, Venubai had equal share in the compensation amount.
Learned Counsel for petitioner submitted that Venubai has not left behind
any natural legal heir and so will was executed in favour of Madhav.
3. The application is rejected by the reference Court by holding
that application was not filed within the limitation and L.A.R. proceeding
needs to be treated as abated. It was reference filed by brother and sister
and they were joint owners of the property acquired. It can be said that
after the death of Venubai, steps ought to have been taken to bring the
legal heirs on record but that does not mean that opportunity cannot be
given to the legal heirs to show that they were entitled to come on record
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961_WP478616.odt
or they were already on record and get the compensation as legate of
Venubai. Though in strict sense it can be said that matter of Venubai had
abated, one legal heir of Venubai like Madhav was already on record as
brother and as statement is made that Venubai has not left behind any
other natural heir, in view of this circumstance, the matter could not have
been disposed of as abated. In view of the observations made by the
Reference Court that matter itself needs to be treated as abated, Madhav
as legate and also as original claimant may not be able to get the
compensation.
4. In view of this circumstance, this Court holds that order made
by the Reference Court needs to be set aside. In the result, petition is
allowed. Order made by the Reference Court is hereby set aside.
Application is allowed. Claimant is allowed to come on reference
application as legal heir of Venubai and same correction is to be made on
the award. Rule made absolute in those terms.
( T.V. NALAWADE, J. )
SSD
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