Bombay High Court
Zilla Parishad Jalgaon Through ... vs Abbas Gambhir Tadavi(Decd)Lrs ... on 20 July, 2016
Bench: P.R. Bora
1
940 FIRST APPEAL 408 OF 2002.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
APPELLATE SIDE JURISDICTION
FIRST APPEAL NO. 408 OF 2002
Zilla Parishad, Jalgaon,
Through its Chief Executive Officer,
Zilla Parishad, Jalgaon. ... APPELLANT
V E R S U S
1. Abbas Gambhir Tadvi [Deceased]
ig (Original claimant)
Through Lrs.
[a] Gulabbai Abbas Tadavi
Age 55 years,
[b] Shabaskha Abbaskha Tadavi
Age 40 years,
[c] Yunus Kha Abbas Kha Tadavi,
Age 38 years,
[d] Nasirkha Abbas Kha Tadavi,
Age 35 years,
[e] Ashubabai Shrawan Tadavi,
age 32 years,
[f] Hasaratbai Nasir Tadavi,
Age 30 years,
All r/o Dhalegaon,
Tq. Jamner, Dist. Jalgaon.
2. The Special Land Acquisition (Ori. Opponent)
Officer, Jalgaon.
... RESPONDENTS
::: Uploaded on - 21/07/2016 ::: Downloaded on - 30/07/2016 10:06:22 :::
2
940 FIRST APPEAL 408 OF 2002.odt
...
Mr. P. B. Patil, Advocate for Appellant.
Mr. A. B. Kale, Advocate for Respondent No.1 (b).
Mr. G. O. Wattamwar, AGP for Respondent No.2
...
CORAM : P. R. BORA, J.
DATE : 20th July, 2016.
ORAL JUDGMENT:
.
The Appellant has challenged the award passed by the
Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference
No.241 of 1990 on 17th December, 1999. Admittedly, in the aforesaid
reference, the present Appellant for whose benefit the subject land
was acquired, was not made party. In the circumstances, in view of
the judgment of the Division Bench of this Court in the case of
Maharashtra State Electricity Board, Jalgaon Vs. Pralhadsa
Lahanusa Kashtriya and another, reported in, [ 2004(1) Mh.L.J.
649 ] and one another judgment of the Division Bench of this Court in
the case of Municipal Council, Tuljapur Vs. State of Maharashtra
and others, reported in, [ 2006 (2) Mh.L.J. 129 ], the present appeal
has to be allowed.
::: Uploaded on - 21/07/2016 ::: Downloaded on - 30/07/2016 10:06:22 :::
3
940 FIRST APPEAL 408 OF 2002.odt
2 In both the aforesaid judgments, this Court has relied
upon the judgment of the Honourable Apex Court in the case of Agra
Development Authority Vs. Special Land Acquisition Officer and
others, reported in, [ AIR 2001 SC 992 ], wherein it has been held by
the Honourable Apex Court that unless the acquiring body is made
party in the reference, no award can be passed under Section 18 of
the Land Acquisition Act. In the above circumstances, the present
appeal has to be allowed with the following order -
O R D E R
I. The appeal is allowed.
II. The award passed in Land Acquisition Reference
No.241 of 1990, is quashed and set aside.
III. The matter is remitted back to the Court of Civil
Judge, Senior Division, Jalgaon, for fresh
determination as expeditiously as possible and in any
case within a period of six months from the date the
parties appear before the said Court consequent to
the present order.
940 FIRST APPEAL 408 OF 2002.odt
IV. The parties, including the Appellant Zilla Parishad,
Jalgaon, shall appear before the Trial Court on 18th
August, 2016.
V. The Appellant Zilla Parishad, Jalgaon, shall place its
application for being impleaded as a Respondent in
the reference and the Court below shall pass an order
on the said application, on that day itself, impleading
the Appellant Zilla Parishad, Jalgaon, as an additional
Respondent. No fresh notice shall be necessary to be
issued to the Appellant Zilla Parishad, Jalgaon, after
said application is allowed.
VI. Needless to mention that all the parties concerned
shall be entitled to bring on record evidence or
additional evidence in support of their respective
claims and the compensation amount, if has been
paid pursuant to the award impugned in the appeal,
shall be subject to the fresh award to be passed by
the Court below. The amount, if any, deposited, in
this Court and not allowed to be withdrawn by the
940 FIRST APPEAL 408 OF 2002.odt
claimant, be transmitted to the Reference Court.
VII. The record and proceeding be forthwith sent back to
the Court below. In the circumstances of the case, no
order as to the costs.
VIII. Pending civil application stands disposed of.
ndm
ig [ P. R. BORA, J. ]
