Bombay High Court
[email protected] Venkatrao Patil vs The State Of Maharashtra Through ... on 21 September, 2016
Bench: S.P. Deshmukh
1 CRA-244.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL REVISION APPLICATION NO. 244 OF 2015
Balwant @ Vilas s/o Venkatrao Patil
Age 67 years, occup. Agril.,
R/o Murum, Tq. Omerga, .. Applicant /
Dist. Osmanabad Original Claimant
versus
1. The State of Maharashtra,
through the Collector, Osmanabad
2. The Special Land Acquisition Officer
Krashna Khore, Osmanabad
3. The Executive Engineer,
Strengthening Division,
Krashna Khore, V. D. Corpn. Division,
Omerga, Dist. Omerga .. Respondents/
Orig. Respondents
At present, office is working at new
address: Sina Kolegaon Prakalp Vibhag,
Paranda, Tq. Paranda, Dist. Osmanabad
-------
Mr. Ganesh V. Patil, Advocate for applicant
Mr. A. P. Basarkar, Assistant Government Pleader for
respondents no. 1 and 2
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2 CRA-244.15.doc
CORAM : SUNIL P. DESHMUKH, J.
DATE : 21st September, 2016
ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith and heard finally
by consent of the parties.
2. Heard learned counsel for the parties.
3.
Civil revision application by original claimants has been
moved against dismissal of the land acquisition reference
bearing No. 98 of 2008 (old number 2144 of 2004) under
section 18 of the Land Acquisition Act, 1894 by reference
court [Civil Judge, Senior Division, Omerga], under order
dated 27-02-2013.
4. Learned counsel for applicant points out that the
proceedings went on for quite a long time and in the process
he could not keep track of the matter from day today nor any
communication had reached him about progress in the
proceedings. he submits, initially proceedings were pending in
the court at Osmanabad, however, subsequently proceedings
had been transferred to the court at Omerga and, as such,
attending the court proceedings had become tedious nor any
3 CRA-244.15.doc
communication had reached the applicant either before the
decision had been given by the land acquisition reference
court or for that matter for quite a long time thereafter. He
further points out that delay in filing present civil revision
application has been condoned. Learned counsel, therefore,
urges to take lenient view in the matter, submitting that the
situation as in present matter had also come up in civil
revision application [stamp] No. 29142 of
ig 2014 and the
Honourable single judge of this court had allowed said civil
revision application under order dated 09-10-2015.
5. Learned Assistant Government Pleader appearing for
respondents purports to resist the request under the present
civil revision application, submitting that ample opportunity
had been given to the claimant, however, he failed to utilize
the same and further submitted that in the absence of any
evidence, the reasons in the order impugned can seldom be
faulted with.
6. Learned Assistant Government Pleader though contends
that the applicant is likely to get one more opportunity
pursuant to section 28A of the Land Acquisition Act, 1894, in
case, if other land acquisition reference proceedings for
4 CRA-244.15.doc
enhancement of compensation by other claimants pursuant to
section 4 notification are decided enhancing compensation,
however, he has not been in a position to state whether such
proceedings by other persons have been filed.
7. In the circumstances, though the learned Assistant
Government Pleader purports to resist, the situation cannot
be lost sight of that the proceedings have been pending since
2004 and in the meanwhile there had been transfer of the
same from the court at Osmanabad to the court at Omerga
and lot of time has been consumed in the process and it is but
natural that the initial vigor with which the proceedings had
been kept watch by applicant, would not have been possible
as the time goes by. Thus, the reasons which have been put
forth by applicant appear to be quite plausible. It further
cannot be lost sight of that the claimant is a villager and his
literacy level is also limited and further that he is an
agriculturist.
8. In the circumstances, civil revision application deserves
to be allowed albeit with certain conditions.
9. Civil revision application stands allowed. The impugned
order dated 27-02-2013 passed by the reference court [Civil
5 CRA-244.15.doc
Judge, Senior Division, Omerga], dismissing land acquisition
reference bearing No. 98 of 2008 (old number 2144 of 2004)
under section 18 of the Land Acquisition Act, 1894, stands set
aside and said land acquisition reference is restored to its
original position. The parties would appear before the land
acquisition reference court on 18-10-2016. The parties are
permitted to adduce evidence. In case the reference court
comes to the conclusion to enhance the compensation
amount, in that case the claimant would not be entitled for
statutory benefits from 21-06-2008 to 18-10-2016.
10. Rule made absolute in aforesaid terms. Civil revision
application stands disposed of.
SUNIL P. DESHMUKH,
JUDGE
pnd
