Omkar Ramji Tayde vs State Of Maha., Thr. Special Land ...
2017 Latest Caselaw 99 Bom

                                                                  fast5985.16


                                      1




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR
                      First Appeal St. No. 5985 of 2016

 Omkar Ramji Tayde,
 aged 65 years,
 resident of Kardi,
 Tq. & Distt. Buldana.                          .....         Appellant
                                                           Org. Applicant



                                   Versus


 State of Maharashtra,
 through Special Land Acquisition
 Officer, Minor Irrigation Works,
 Buldana,
 Tq. & Distt. Buldana.                          .....        Respondent.


                                    *****
 Mr. Rugved Dhore, Adv., for the Appellant.
 Mrs. Kulkarni, Asstt. Govt. Pleader for respondent.
 Mr. V.G. Palshikar, Adv., for              Vidarbha     Irrigation       Devpt.
 Corporation - Acquiring Body.

                                    *****




::: Uploaded on - 02/03/2017                   ::: Downloaded on - 05/03/2017 00:35:47 :::
                                                                             fast5985.16


                                            2




                                     CORAM :             A.S. CHANDURKAR, J.

                                     Date       :        27th February, 2017

 ORAL JUDGMENT:



 01.            Admit. Heard finally as the issue stands concluded by the

 judgment dated 24th March, 2008 in First Appeal No. 729 of 2007 and

 connected matters.



 02.            In proceedings for acquisition of the land of the appellant,

 the Acquiring Body - Vidarbha Irrigation Development Corporation had

 not been joined as a party. This Court in aforesaid appeals, therefore,

 set aside the judgment of the Reference Court and remanded the

 proceedings        by    granting   permission     to     the    Acquiring       Body     to

 participate in those proceedings.          Considering similarity of aforesaid

 facts, the same course will have to be followed.                   Hence for reasons

 assigned in the aforesaid judgment, the following order is passed:-



                                      ORDER

[a] The judgment and award passed by the Civil

fast5985.16

Court under challenge is set aside. The land acquisition case is remitted back to the Court of Civil Judge [Senior Division], Buldhana, for fresh decision in the matter according to law. The Civil Judge shall allow the Vidarbha Irrigation Development Corporation to file written statement and cross-examine the witnesses already examined. Both parties may be allowed to examine additional witnesses if they so choose. The State of Maharashtra has already deposited the compensation in Reference Court and it is stated that the same has been withdrawn by the claimant. The Reference Court should take note of this. Similarly, the Reference Court shall consider whether the claimant would be entitled for interest on the amount of compensation, if enhanced, for the period from 13th April, 2004 till the reference proceedings are decided.

[b] Parties to appear before Civil Judge [Senior Division], Buldana on 3rd April, 2017.

[c] Shri V.G. Palshikar, learned counsel representing the Vidarbha Irrigation Development Corporation, who is present in Court, states that the concerned Executive Engineer of the Corporation would be apprised of this order.

fast5985.16

03. The appeal is allowed in aforesaid terms. No costs.

Judge

-0-0-0-0-

|hedau|