Vidarbha Irrigation Development ... vs Chhatrapati S/O Gopalrao Upase ...
2016 Latest Caselaw 848 Bom

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                                                         fa st.18742.14.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                          
                    NAGPUR BENCH, NAGPUR




                                                  
                   First Appeal Stamp No.18742 of 2014


      Vidarbha Irrigation Development 




                                                 
      Corporation, through Executive
      Engineer, Medium Project 
      Division, Nagpur,
      Tah. and Dist. Nagpur.                        ... Appellant




                                        
           Versus            
      1. Chhatrapati s/o Gopalrao Upase,
                            
         Aged about 60 years,
         Occupation - Service,
         R/o Paradsinga, Tah. Katol,
         Dist. Nagpur.
      


      2. Shri Moreshwar s/o Gopalrao Upase,
         Aged about 55 years,
   



         Occupation - Service,
         R/o Borgaon, Gorewada Road,
         Nagpur.





      3. The State of Maharashtra,
         through Collector, Nagpur.

      4. Special Land Acquisition Officer,
         Kanholi Nallah Project, Nagpur.            ... Respondents





      Shri V.G. Palshikar, Advocate for Appellant.
      Shri C.R. Najbile, Advocate for Respondent Nos.1 and 2.
      Shri H.R. Dhumale, AGP for Respondent Nos.3 and 4.




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                                                                  fa st.18742.14.odt

                    Coram : R.K. Deshpande, J.

Dated : 22 nd March, 2016

Oral Judgment :

1. Heard Shri Palshikar, the learned counsel for the appellant.

2. Admit.

3.

Shri Najbile, the learned counsel, waives service of notice for

the respondent Nos.1 and 2; and Shri Dhumale, the learned AGP,

waives service of notice for the respondent Nos.3 and 4.

4. By consent of the learned counsels appearing for the parties,

the matter is heard finally.

5. In the month of April, 1997, the Irrigation Projects run by the

State Government were handed over the appellant-Vidarbha Irrigation

Development Corporation (VIDC), which became Incharge of such

projects. The land in question was acquired for the purposes of one of

such projects of VIDC. The award was passed on 1-1-2000 and the

reference was preferred on 13-3-2000 under Section 18 of the Land

fa st.18742.14.odt

Acquisition Act, 1984 for enhancement of compensation by the

respondent Nos.1 and 2/claimants. The appellant-acquiring body was

not joined as the party-respondent in the reference application. It had,

therefore, no opportunity to defend the claim for enhancement of

compensation made by the claimants. This appeal has been preferred

by VIDC. In view of the fact that the appellant-acquiring body was

necessary party in the proceedings before the Reference Court, the

judgment and order passed by the Reference Court in the absence of

acquiring body as the party-respondent, cannot be sustained and the

same will have to be quashed and set aside with an order of remand.

6. In the result, the appeal is allowed. The judgment and order

dated 27-4-2005 passed by the Reference Court in LAC No.125 of

2001, is hereby quashed and set aside. The matter is remitted back to

the Reference Court for decision afresh in accordance with law after

giving the parties an opportunity to lead evidence. The parties to

appear before the Reference Court on 25-4-2016. The Reference

Court to decide the reference within a period of twelve months

thereafter.

fa st.18742.14.odt

7. The appeal is disposed of in above terms. No order as to

costs.

JUDGE.

Lanjewar