Bhimrao Rejeramji Kadam (Since ... vs The State Of Maharashtra Through ...
2016 Latest Caselaw 663 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR




                                                                                                                
                          CIVIL REVISION APPLICATION NO.13 OF 2016




                                                                                 
                Bhimrao Rajeramji Kadam
                (Since dead through LR's)

                1]         Chabutai wd/o Bhimrao Kadam




                                                                                
                           Aged 58 years, Occ: Nil.

                2]         Prashant s/o Bhimrao Kadam
                           Aged 37 years, Occ: Agriculturists.




                                                             
                           No.1 & 2, R/o Deorwada, Tah. Arvi,
                                   
                           District Wardha.

                3]         Sau. Ranjana Vinod More,
                                  
                           Aged 33 years, Occ: Household,
                           R/o Takarkheda (More),
                           Tah. Anjangaon Surji,
                           District Amravati.
      


                4]         Sau. Aparna Mohan Gawande
   



                           Aged 35 years, Occ: Nil,
                           R/o Dhanodi, Tq. Daryapur,
                           District Amravati.         ....... APPELLANT





                                                 ...V E R S U S...

     1]         The State of Maharashtra through
                the Collector, Wardha.





     2]         The Special Land Acquisition Officer,
                Vidarbha Patbandhare Vikas Mahamandal,
                Wardha.

     3]       The Executive Engineer,
              Lower Wardha Project,
              Wardha, Tq. & Dist. Wardha.                        ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Shri M.M. Agnihotri, Advocate for Appellant.
              Shri M.A. Kadu, AGP for Respondent Nos.1 & 2.
              Shri S.S. Godbole, Advocate for Respondent No.3
     ----------------------------------------------------------------------------------------------------


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                           CORAM:  R.K. DESHPANDE, J. 

                                          th    MARCH, 2016.
                           DATE:      16




                                                                                                                
     ORAL JUDGMENT




                                                                                 
     1]                    Admit.




                                                                                
     2]                    Heard finally by consent of the learned counsels appearing

     for the parties.




                                                             
     3]
                                   

The Reference Court acting under Section 18 of the Land

Acquisition Act has dismissed the Land Acquisition Case No.253 of 2007

on the ground that the claimant has failed to lead any evidence in the

matter. The learned counsel appearing for the applicant has relied upon

the decision of this Court in case of Sulochana Sharadchandra Banarse vs.

The State of Maharashtra and others delivered in Civil Revision

Application No.61 of 2015 on 10.02.2016. This Court has held that the

cause of action is covered by the decision of this Court in Kawadu

Madhav Bansod vs. State of Maharashtra and another reported in 2004(4)

Bom.C.R. 495 holding that the reference cannot be decided without any

evidence. In view of this, the revisional will have to be allowed with an

order of remand.

4] The appeal is allowed. The judgment and order dated

06.02.2015 passed in Land Acquisition Case No.253 of 2007 is hereby

cra13.16.J.odt 3/3

quashed and set aside. The matter is remitted back to the Reference

Court to decide it afresh in accordance with law. The learned counsel

appearing for the applicant - claimant makes a statement that the

claimant shall appear before the Reference Court and shall be ready to

adduce the evidence. The statement is accepted. The parties to appear

before the Reference Court on 11.04.2016. The claimant shall keep the

witnesses ready and shall not seek any adjournment either on the ground

that the lawyer is not available or on the ground that witnesses are not

available. Any adjournment, if required, to be granted shall be subject to

costs of Rs.10,000/- on each occasion. The claimant shall not claim any

interest from 06.02.2016 till the date of first appearance of the parties

before the lower court. The civil revision application stands disposed of.

JUDGE

NSN