Bombay High Court
V.I.D.C. Thr. Its Exe. Engineer vs Bhujang Amruta Kale (Dead) Thr. ... on 4 July, 2016
Bench: Prasanna B. Varale
1 FA1218.12.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
FIRST APPEAL NO. 1218 OF 2012
APPELLANT : Vidarbha Irrigation Development Corporation,
through its Executive Engineer,
Minor Irrigation Division No.2,
Chikhli, Dist. Buldhana.
- VERSUS -
RESPONDENTS : Bhujang Amruta Kale
(Dead, therefore through LRs)
1] Smt. Asrabai Wd/o Bhujang Kale,
Aged : Major, Occu. Cultivator,
2] Purushottam S/o Bhujang Kale,
Aged Major, Occu. Cultivator,
3] Uddhav S/o Bhujang Kale,
Aged : Major, Occu. Cultivator
All R/o Pimpalgaon Unda,
Tah. Mehkar, Dist. Buldhana
4] Sau. Radhika W/o Vikas Gadekar
Aged major, Occu. Cultivator,
R/o Shendla, Tq. Mehkar, Dist. Buldhana
5] The State of Maharashtra,
through the Collector, Buldhana.
6] Special Land Acquisition Officer,
Medium Project, Buldhana
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Mr. A. B. Patil, Advocate for the appellant.
Mr. M. A. Kadu, Asst.Govt. Pleader for respondent nos.5 and 6
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CORAM : PRASANNA B. VARALE, J.
DATE : JULY 04, 2016.
2 FA1218.12.odt
ORAL JUDGMENT
Heard.
2] The appellant - Vidarbha Irrigation Development Corporation
has approached this Court by presenting this appeal challenging the judgment
and award, dated 06.05.2009, passed by the learned Civil Judge, Senior
Division, Buldhana in Land Acquisition Case No. 94/1998
3] A ground is raised in the appeal that the appellant -
Corporation, the acquiring body, was not made party to the reference and the
judgment and award passed by the Reference Court came to the knowledge of
the appellant - Corporation only when it was informed through the office of
the respondent no.6 - Special Land Acquisition Officer seeking demand of
amount of compensation enhanced by the Reference Court.
4] The learned counsel for the appellant-Corporation has filed a
pursis, dated 27.01.2016, stating that in identical circumstances, this Court in
First Appeal Nos. 1016/2007, 667/2009, 93/2010 and 312/2012, considering
the aforesaid ground, remitted the matters back to the Reference Court to
decide the same afresh by permitting the appellant herein to join as party.
The copies of orders passed by this Court in the said appeals are placed on
record along with the pursis. In view of these facts, the learned counsel for
the appellant has prayed for similar orders.
3 FA1218.12.odt
5] Though, copy was served on learned counsel for the respondent
nos.1 to 4, none appears for them even on second call. The learned Assistant
Government Pleader appears for respondent nos.5 and 6.
6] In view of the submissions of the learned counsel for the
appellant and in view of the orders passed by this Court in First Appeal Nos.
1016/2007, 667/2009, 93/2010 and 312/2012, the First Appeal is partly
allowed. The judgment and award, dated 06.05.2009, passed by the learned
Civil Judge, Senior Division, Buldhana in Land Acquisition Case No. 94/1998
is quashed and set aside. The matter is remitted back to the Court of Civil
Judge, Senior Division, Buldhana for deciding the reference afresh by
permitting the respondents/original applicants to join Vidarbha Irrigation
Development Corporation as party/respondent and after permitting fresh
evidence to be led. The first appeal is disposed of in the aforesaid terms.
JUDGE
Diwale
