Bombay High Court
Dattatray Balkrishna Gaikar ... vs The Special Land Acquisition ... on 14 February, 2023
Bench: Amit Borkar
34-fa(st)11633-2022.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST.) NO.11633 OF 2022
WITH
INTERIM APPLICATION NO.1369 OF 2023
WITH
INTERIM APPLICATION NO.1368 OF 2023
WITH
INTERIM APPLICATION (ST.) NO.11639 OF 2022
Dattatray Balkrishna Gaikar (Deceased)
Thr. LRS. Vijay Dattatray Gaikar & Ors. ... Appellants
V/s.
The Special Land Acquisition Officer,
Raigad & Ors. ... Respondents
Mr. Shriram S. Kulkarni i/by Mr. Sachin Chavan for the
appellants.
Ms. Tanaya Goswami, AGP for the State.
CORAM : AMIT BORKAR, J.
DATED : FEBRUARY 14, 2023
P.C.:
INTERIM APPLICATION (ST.) NO.11639 OF 2022
1. The interim application is for condonation of delay in filing
the appeal. The applicants are the legal representatives of the
original claimants who died during the pendency of the reference.
The applicants have stated on oath that they were not aware about
the pendency of the proceedings.
34-fa(st)11633-2022.doc
2. For the said reason, delay in filing the first appeal is
condoned. The interim application is allowed in terms of prayer
clause (a).
INTERIM APPLICATION NO.1369 OF 2023
1. The application is for bringing the heirs and legal
representatives of the original claimant on record. The original
claimant died on 31st May 2013. The mother of the applicants also
died on 30th March 2018. The applicants were not aware about the
pendency of the reference proceedings before the District Court.
They got knowledge of the judgment only through the local
advocate after the dismissal of the reference.
2. For the said reason, the interim application is allowed in
terms of prayer clause (a), (b) and (c).
INTERIM APPLICATION NO.1368 OF 2023
1. The legal representatives of the original claimant have filed
present application seeking leave to file the appeal. It is
undisputed that the applicants are the legal representatives of the
original claimant who died during pendency of the reference.
2. In that view of the matter, the interim application is allowed
in terms of prayer clause (a).
FIRST APPEAL (ST.) NO.11633 OF 2022
1. The appellants have filed present appeal challenging the
judgment and award passed by the reference Court dismissing the
claim of the appellant mainly on the ground that the appellant
34-fa(st)11633-2022.doc
failed to lead evidence in support of their claim.
2. The appellants have stated before this Court that original
claimant died on 31st May 2013. The appellants were not aware
about the pendency of the proceedings. Considering the nature of
the proceedings and undisputed fact that the applicants are legal
representatives of the original claimants whose land was acquired
under the provisions of the Land Acquisition Act, 1894, the
claimants have submitted before this Court that they have prima
facie case on merits for enhancement of compensation. They have
material evidence in their possession in support of their case of
enhancement of compensation.
3. Considering the nature of the rights involved, I am satisfied
that the appellants were not aware about the pendency of the
proceedings before the learned reference Court. Due to death of
original claimant on 31st May 2013, there was no one to represent
the claimant. Therefore, in my opinion, the appellants need to be
given opportunity to adduce the evidence in support of their claim
of enhancement of compensation.
4. Hence, Following order:
a) The impugned judgment and award dated 18 th January
2020, passed by the 2nd Joint Civil Judge, Senior Division,
Alibag in L.A.R. No.20 of 2001 is quashed and set aside.
b) The proceedings are remanded back to the learned
Civil Judge, Senior Division, Alibag which was permitted the
appellants to lead oral evidence in support of their case. The
learned reference Court shall thereafter decide the reference
34-fa(st)11633-2022.doc
in accordance with law.
5. The first appeal stands disposed of. No costs.
(AMIT BORKAR, J.)
