Gmidc Jalna Road Aurangbad v. The State Of Mahrashtra And ANR

1 16-CA-8508-10-L

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8508 OF 2010 IN FAST/13996/2010 G.M.I.D.C. THROUGH ITS EXE ENGINEER

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Applicant : Mr. T. B. Bhosle AGP for Respondent No.1 : Mr. B. V. Virdhe.

Advocate for Respondent No.1 (original claimant) : Mr. D. R. Jaybhar. ...

WITH CA/8511/2010 IN FAST/14000/2010 WITH CA/8514/2010 IN FAST/13750/2010 ...

CORAM : K.K. SONAWANE, J.

DATED : 10TH JANUARY, 2018.

Order :- Heard learned counsel for applicant- Acquiring Body and learned AGP for respondent No.1 State of Maharashtra as well as learned counsel for respondent No.2 (original claimant). 3.

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

4.

It has been submitted that the Executive Engineer, Minor Irrigation Division, Beed, was already impleaded as party respondent in original petitions 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 appeals against impugned Judgment and Award passed by the Reference Court on the ground that 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 appeals for redressal of grievances.

2 16-CA-8508-10-L 5.

The learned AGP for respondent No.1 prayed for suitable order. Mr. Jaybhar, learned counsel for respondent No.2 (original claimant) has no objection to grant the applications. 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 applications stand disposed of accordingly.

[ K. K. SONAWANE ] JUDGE rrd.