Shivaji Kakasaheb Pawar v. The G.M.I.D.C., Thr Its Ex. Engineer, Minor Irrigation Div. Osmanabad And ORS

1 911 CA 7395-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.7395 OF 2021 IN FAST/31112/2019 SHIVAJI KAKASAHEB PAWAR

VERSUS

THE G.M.I.D.C., THR ITS EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ORS ...

Advocate for Applicant : Mr. D.A. Madake AGP for Respondent Nos.2 & 3: Mr. P. N. Kutti Advocate for Respondent No.4 : Mr. V. V. Ingale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 28/09/2022.

P. C. :

1.

Heard rival submissions.

2.

By way of this application, the applicant Shivaji Kakasaheb Pawar, whose name was not there in the impugned award, is seeking intervention on the ground that he is having half share in the land under acquisition and therefore, entitled for half share in the compensation.

3.

The learned counsel for the applicant pointed out to the partition deed as well as consent letter, wherein it has been alleged that there was settlement between the claimant Hanumanta in this appeal and present applicant, wherein it was decided that the compensation of the acquired land would be distributed in their joint name.

4.

However, the learned counsel for the claimant i.e. present respondent No.4 denied the said fact that any amount was given to the present applicant under the said settlement.

2 911 CA 7395-21 5.

As such, the applicant, whose name was not in the award, will have to establish his right before the competent court as to whether he is entitled for any share in the compensation amount. 6.

Even otherwise also, the present appeal is fled by the acquiring body and there is no cross-objection by the respondent No.4 - original claimant for any enhancement. As such, the applicant is not necessary party in the instant appeal and therefore, his intervention application stands rejected. ( SANDIPKUMAR C. MORE, J. ) VS Maind/- `