M.S.E.D.C. Ltd., Thr The Ex. Engineer, (Civil) Sub Division, Hingoli v. Babarao Bahirji (Died) Thr Lrs Damodhar And ORS

24-ca-2211-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2211 OF 2020 IN FAST/30705/2018 M.S.E.D.C. LTD., THROUGH THE EXECUTIVE ENGINEER, (CIVIL) SUB DIVISION, HINGOLI

VERSUS

BABARAO BAHIRJI (DIED) THROUGH LRS DAMODHAR BABARAO SHINDE AND OTHERS ....

Mr. A.S. Shelke, Advocate for the Applicant Mr. S.S. Dargad, Advocate for the Respondent No.1 Mr. S.G. Sangle, AGP for Respondent Nos.2 and 3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 10th JANUARY, 2022 PER COURT:- 1.

It is an application seeking leave to file the appeal at the instance of the applicant / acquiring body.

2.

Heard Mr. Avishkar Shelke, learned counsel for the applicant / acquiring body, Mr. S.S. Dargad, learned counsel for respondent no.1 and Mr. Sangle, learned counsel for respondent nos. 2 and 3.

3.

It is revealed during the course of argument that the applicant / acquiring body was not impleaded as a party

24-ca-2211-20 respondent in the reference proceedings under Section 18 of the Land Acquisition Act, 1894. As such, there was no opportunity to the applicant / acquiring body to defend the claim for enhancement of compensation. In view of Constitution Bench judgment of the Hon'ble Supreme Court in case of Uttar Pradesh Awas Evam Vikas Parishad Vs. Gyan Devi (dead) By L.Rs. and another, Etc. reported in 1995 AIR (SC) 724, the acquiring body is a necessary party in the reference proceedings under Section 18 of the Land Acquisition Act, 1894. As such, the applicant / acquiring body seems to have made out prima facie good case in the proposed appeal. It is necessary to grant the leave.

O R D E R

(i) The application is hereby allowed in terms of prayer clause (B).

(ii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane