Godavari Marathwada Irrigation Development Corporation v. The State Of Mah And ORS

1 15-CA-6089-10-L

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6089 OF 2010 IN FAST/6896/2010 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Tatyasaheb Bhosle. AGP for Respondent No.1 State : Mr. B. V. Virdhe. Advocate for Respondents (original claimants) : Mr. D. R. Jaybhar. ...

CORAM : K.K. SONAWANE, J.

DATED : 10TH JANUARY, 2018.

Order :- Heard learned counsel for applicant- Acquiring Body and learned AGP for respondent - State of Maharashtra as well as learned counsel for respondents (original claimants). 2.

Perused the application. The present application is filed for seeking leave to prefer appeals against the impugned Judgment and Award passed by the District Judge-II, Beed.

3.

It has been submitted that the Executive Engineer, Minor Irrigation Division, Beed, was already impleaded as party respondent in original petition filed under Section 18 of the Land Acquisition Act, 1894. The respondent- Corporation has received an authority to look after the irrigation project in the district Beed Division. The applicant - Corporation is intending to prefer first appeal against impugned Judgment and Award passed by the Reference Court on the ground that the exorbitant and excessive compensation amount was awarded in the petitions filed under Section 18 of the Land Acquisition Act, 1894. In such circumstances, the applicant seeks permission to present appeal for redressal of grievances.

2 15-CA-6089-10-L 5.

The learned AGP for respondent No.1 prayed for suitable order. Mr. Jaybhar, learned counsel for respondents-original claimants has no objection to grant the application.

6.

In view of submissions and no objection on the part of respondents/original claimants, the application stands allowed in terms of prayer clause 'B'. The applicant-Acquiring Body is hereby permitted to present First Appeal against impugned Judgment and Award passed by the Reference Court. The civil application stands disposed of accordingly.

[ K. K. SONAWANE ] JUDGE rrd.