Executive Engineer, Aurangabad Irrigation Division, Aurangabad And ANR v. Namdeo Tukaram Shinde

993 CIVIL APPLICATION NO.

VERSUS

RANJAKRAO PATILBA SHINDE

Advocate for Applicants : Mr. Patil Ruturaj C. Mr. so Kotkar, Adv. for Respondent/s.

CORAM : P.R. BORA, J.

Dated: July 29, 2016 PER COURT :- 1) Heard.

These applications are filed seeking leave to appeal against the Judgment and Award passed in respective Land Acquisition References (for short, LARs) stating that the present applicant, for whose benefits the subject lands were acquired, was not made party to the LARs in the trial court. The contention so raised is opposed by the learned Counsel appearing for the original claimants, stating that when the lands were acquired and Notification under Section 4 of the Land Acquisition Act, was issued, the present Corporation had not come into existence.

2) In view of the fact that during pendency of the LAR, the applicant/Corporation had come into existence and the further fact that all the

liabilities of the subject lands were transferred to the present applicant, in fact, the present applicant, ought to have been made party before the Reference Court itself. In the circumstances, I am inclined to allow the present applications.

3) The applications seeking leave to file First Appeals are allowed in terms of prayer clause (B) of the application and disposed of.

( P.R. BORA, J. )