Laxman Ramchandra Jagtap v. The Special Land Acquisition Officer, Utph 1, Jalgaon And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 FIRST APPEAL NO. 2758 OF 2018 Laxman Ramchandra Jagtap, Age; 65 years, Occupation; Agril, Resident of Sarola (kd), Taluka; Pachora, District;Jalgaon. .. APPELLANT. (Original Claimant)

VERSUS

1.

The Special Land Acquisition Officer, UTPH 1, Jalgaon, Taluka & District Jalgaon.

2.

The Executive Engineer, Jalgaon Medium Project, Dnivision, Jalgaon.

... RESPONDENTS.

WITH FIRST APPEAL NO. 2757 OF 2018 Sandu Dagadu Kale, Age; 70 years, Occ; Agricultural, Resident of Sarola (Kd), Taluka; Pachora, District; Jalgaon ... APPELLANT.

(Original Claimant)

VERSUS

1.

The Special Land Acquisition Officer, UTPH 1, Jalgaon, Taluka & District Jalgaon.

fa2758.18 Laxman Vs SLAO J 2.

The Executive Engineer, Jalgaon Medium Project, Dnivision, Jalgaon.

... RESPONDENTS.

...

Advocate for Applicants : Mr.Pahune Patil Nandkishor J. AGP for Respondent No. 1: Mr.R.B.Bagul Advocate for Respondents :Ms.Kutti Choudhary Chaitali ...

CORAM : SUNIL K.KOTWAL, J.

DATE : SEPTEMBER 24, 2018 ORAL JUDGMENT :

Heard learned counsel for appellant and the learned counsel for respondents.

2.

It is the matter of record that proper opportunity of hearing was not given to the appellants, therefore, in the interest of justice both appeals are allowed. The respective Land Reference Numbers LAR No.1013 of 1998 and LAR No. 1014 of 1998 are remanded to learned Civil Judge Senior Division, Jalgaon for fresh consideration after giving reasonable opportunity to both parties

fa2758.18 Laxman Vs SLAO J to lead oral and documentary evidence in support of their respective contentions.

3.

Both parties shall remain present before Civil Judge Senior Division, Jalgaon on 2.10.2018. 4.

Parties to bear their respective costs of appeals.

[SUNIL K.KOTWAL, J.] mahajansb/