Bharat Sanchar Nigam Limited vs Prashant S/O. Premchand Tated
2021 Latest Caselaw 12590 Bom

                               1                fa-229-09 & fa-315-09-J.odt


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

                  FIRST APPEAL NO. 229 OF 2009

      APPELLANT:                   Bharat Sanchar Nigam Limited,
                                   A Government of India Undertaking,
                                   through its General Manager, Yavatmal

                                    Vs.

      RESPONDENTS :            1. Prashant s/o Premchand Tated
                                  Aged about 30 years, occupation
                                  Agriculture and Business, Resident of
                                  Babhulgaon, District Yavatmal

                               2. The State of Maharashtra,
                                  Represented by the Collector, Yavatmal

                               3. The Sub-Divisional Officer and Land
                                  Acquisition Officer, Yavatmal

                               4. The Telecom District Engineer, Yavatmal

        Dr. R.S. Sundaram, Advocate assisted by Smt. U.R. Tanna,
        Advocate for the appellant
        Shri Abhay Sambre, Advocate for the respondent No.1
        Ms. Mayuri Deshmukh, AGP for the respondents No.2 and 3

                                   WITH

                  FIRST APPEAL NO. 315 OF 2009

      APPELLANT:                   Prashant s/o Premchand Tated
                                   Aged about 30 years, occupation
                                   Agriculture and Business,
                                   R/o Babhulgaon, Tq. Babhulgaon,
                                   District Yavatmal

                                    Vs.

      RESPONDENTS :            1. The State of Maharashtra,
                                  represented by the Collector, Yavatmal
                                  Tq. and Distt. Yavatmal


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                                  2               fa-229-09 & fa-315-09-J.odt




                                 2. The Sub-Divisional Officer, and Land
                                    Acquisition Officer, Yavatmal
                                    Tq. and Distt. Yavatmal

                                 3. The Telecom District Engineer, Yavatmal
                                    Tq. and Distt. Yavatmal

                                 4. Bharat Sanchar Nigam Limited,
                                    A Government of India Undertaking,
                                   through its General Manager, Yavatmal

         Shri Abhay Sambre, Advocate for the appellant
         Ms. Mayuri Deshmukh, AGP for the respondents No.1 and 2
         Dr. R.S. Sundaram, Advocate assisted by Smt. U.R. Tanna,
         Advocate for the respondents No.3 and 4


                                     CORAM : PUSHPA V. GANEDIWALA, J.

DATE : SEPTEMBER 03, 2021

ORAL JUDGMENT

Heard.

2. In First Appeal No. 229 of 2009, the appellant -

acquiring body (BSNL), challenged judgment and Award dated

11/11/2008, in LAC Case No. 57 of 1998, passed by the Joint

Civil Judge (Senior Division), Yavatmal, while in First Appeal

No. 315 of 2009, the claimants have challenged the aforesaid

Award for enhancement of the compensation.

3. Heard Dr. R.S. Sundaram, learned counsel assisted

3 fa-229-09 & fa-315-09-J.odt

by Smt. U.R. Tanna, learned counsel appearing on behalf of the

appellant - BSNL. The learned counsel has raised the

preliminary objection with regard to the fact that since the

acquiring body BSNL was not a party before the Reference

Court, hence, this matter needs to be remanded back to the

Reference Court for giving an adequate opportunity to the

acquiring body to be heard and thereafter to decide the matter.

The learned counsel for the appellant in support of his

submission placed reliance on the judgment of the Division

Bench of this Court in the case of First Appeal No. 226 of 2004,

BSNL Vs. Smt. Sarojini Uttamrao Naik and Others, decided on

06/10/2005, wherein the Division Bench of this Court,

considering the fact that appellant - BSNL was not represented

before the Reference Court, remanded back the matter to the

Reference Court to be decided in accordance with law.

4. As the issue involved in the present appeal is already

covered by the judgment of the Division Bench of this Court in

the aforesaid judgment, I do not see any good reason to take a

different view in the matter and hence, the aforesaid appeals,

First Appeal No.229 of 2009 and First Appeal No. 315 of 2009,

are remanded back to the Reference Court. Since the appellant

BSNL has filed the present appeal, it will be deemed to be a

4 fa-229-09 & fa-315-09-J.odt

defendant in the proceedings before the Reference Court and no

further notice will be necessary.

5. Record and proceedings is directed to be remitted to

the learned Reference Court immediately.

6. Parties are directed to appear before the Reference

Court on 04th October 2021. The appellant would be permitted

to file written statement on record and file its evidence, if so

desires. The appellant - BSNL would also be permitted to cross-

examine the claimant's witness, if so desires.

7. The claimants will be entitled to cross-examine the

witness, if any, examined by the present appellant - BSNL. So

also, the claimants would be permitted to lead additional

evidence, if so desires.

8. The learned Reference Court is directed to decide the

reference within a period of six months from the date of first

appearance of the parties before it.

9. The remaining decretal amount, which has been

deposited by the appellants with the Registry of this Court shall

5 fa-229-09 & fa-315-09-J.odt

be remitted to the Registry of the reference Court along with

accrued interest thereon.

10. Both appeals are disposed of in above terms.

JUDGE MP Deshpande