Bombay High Court
Vidarbha Irrigation Development ... vs Bhagwan Ganba @ Gamana Balpande ... on 26 February, 2016
Bench: Ravi K. Deshpande
caf348.13..J.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL APPLICATION (CAF) NO.348 OF 2013
IN
FIRST APPEAL STAMP NO.17466 OF 2012
Vidarbha Irrigation Development
Corporation through Executive
Engineer, Lower Vena Project
Wardha Division, Wardha. ....... APPELLANT
...V E R S U S...
1] Bhagwan Ganba @ Gamana Balpande
Aged about Major, Occ: Cultivator,
R/o Tah. Hinganghat (Sant Tukdoji
Ward), Dist. Wardha.
2] The State of Maharashtra through
Collector, Wardha, Dist. Wardha.
3] The Sub-Divisional Officer and Land
Acquisition Officer, Wardha,
District Wardha. ....... RESPONDENTS
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Shri P.B. Patil, Advocate for Appellant.
Shri A.S. Dhore, Advocate for Respondent No.1.
Ms. S.S. Jachak, AGP for Respondent Nos.2 and 3.
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CORAM: R.K. DESHPANDE, J.
th FEBRUARY, 2016.
DATE: 26
ORAL JUDGMENT
1] Admit.
2] Heard finally by consent of learned counsels appearing for
the parties.
caf348.13..J.odt 2/3
3] This application is for condonation of 671 days caused in
filing an appeal under Section 54 of the Land Acquisition Act challenging
the enhancement of compensation granted by the Reference Court on
30.08.2010 in Land Acquisition Case No.79 of 2004. Notices were issued
to the respondents. It is found that the respondent No.1, who is the sole
claimant died on 21.09.2003 i.e. during the pednency of the reference,
and his legal representatives were not brought on record, but finally the
matter was decided on 30.08.2010. Notices were issued to the legal
representatives of the deceased - respondent No.1, and the learned
counsel Shri Dhore appears for the proposed legal representatives of the
respondent No.1 - claimant.
4] In view of the fact that the reference was filed on
26.03.2003, and the sole claimant - respondent No.1 herein died on
21.09.2003, the Reference Court could not have proceeded to decide the
matter on 30.08.2010, more particularly granting enhancement of
compensation. The reference should have been dismissed as abated.
The order passed by the Reference Court, therefore, becomes illegal and
improper, and cannot therefore, be sustained. Even otherwise on merits,
it would be a matter of remand as there does not appear to be any
evidence led by the claimant to substantiate the contentions. It will have
to be set aside by allowing the application for condonation of delay. Civil
application for condonation is allowed.
caf348.13..J.odt 3/3
5] The First Appeal Stamp is allowed. The judgment and order
dated 30.08.2010 passed by the Reference Court in Land Acquisition
Case No.79 of 2004, is hereby quashed and set aside. The matter is
remitted back to the Reference Court to decide it afresh. The legal
representatives of the respondent No.1 shall be permitted to file
appropriate application for bringing their names on record or for
permission to prosecute the reference, which shall be considered by the
Reference Court in accordance with law. The parties to appear before the
Reference Court on 28.03.2016.
All other civil applications do not survive.
JUDGE
NSN
