Manik Maruti Lokhande v. The State Of Maharashtra

935-CA-4327-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4327 OF 2021 IN CIVIL APPLICATION NO. 6152 OF 2020 IN FIRST APPEAL NO. 167 OF 2007 Ramkisan Rangnath Tandale ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT WITH CA/4328/2021 IN CA/3854/2020 IN FA/166/2007 WITH CA/4365/2021 IN CA/5303/2020 IN FA/472/2014 AND CA/4367/2021 IN CA/6446/2020 IN FA/470/2014 AND CA/4369/2021 IN CA/5762/2020 IN FA/471/2014 ....

Mr. F.R. Tandale, Advocate for applicants Mr. P.N. Kutti, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 21st SEPTEMBER, 2021 PER COURT :

1.

Heard.

2.

The acquiring body - Godavari Khore Marathwada Development Corporation was not party before the reference Court. The applicants/ claimants have, therefore, urged for adding the acquiring body as party to these appeals and remanding the matters back to the reference Court for deciding it afresh. It is informed that similar orders have been passed in connected matters.

1 / 2

935-CA-4327-21.odt 3.

In view of same, the applications are allowed in terms of prayer clauses (1) to (3). The awards impugned in these first appeals are, therefore, set aside. The reference Court shall give the parties concerned an opportunity of hearing and decide the reference afresh, preferably within a period of six months from the date of receipt of copy of this order. 4.

First appeals are disposed of accordingly. Civil applications therein, if any, also stand disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2