Gurudipsingh Jitamsingh Dhillon ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 11677 Bom

                                                          First Appeal No.2028/2020
                                           :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.2028 OF 2020


 Gurudipsingh s/o Jitamsingh Dhillon
 and another                                              ... APPELLANTS

          VERSUS

 The State of Maharashtra
 and another                                              ... RESPONDENTS

                                .......
 Mr. V.B. Wayal, Advocate for appellants
 Mr. Y.G. Gujarathi, A.G.P. for respondent No.1.
 Mrs S.G. Chincholkar, Advocate for respondent No.2.
                                .......

                                   CORAM :           R. G. AVACHAT, J.

                                   DATE :            25th AUGUST, 2021

 PER COURT :

This appeal was circulated by learned Advocate for

the appellants for final hearing at admission stage. The

learned Advocate was also heard.

2. The Reference Court dismissed the Land

Acquisition Reference, L.A.R. No.194/1993 for the reason that

the appellants - land owners failed to lead evidence for over

years. After going through the judgment and award this

Court was inclined to set it aside and remand the matter back

First Appeal No.2028/2020 :: 2 ::

to the Reference Court to decide it after giving the appellants

- land owners an opportunity to lead evidence. The record

indicates that, the issues in the Land Acquisition Reference

were framed on 12/6/1997. For over 20 years, the appellants

did not lead evidence. Necessarily, this Court was of the view

that the appellants - land owners would not be entitled for

interest for the period from framing of the issues to the date

of issuance of notice in this appeal. On having disclosing the

same, learned Advocate for the appellants sought time to

have instructions in this regard. He then sought for time to

work out the matter later on. Therefore, stand over to 8th

September 2021.

( R. G. AVACHAT ) JUDGE

fmp/-