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Bombay High CourtCA/12610/2016admittedallowedgrantedrule absolute

Godavari Marathwada Irrigation Development Corporation, Thr Its The Exe Engineer And ANR v. Pandurang Govind Kharabe

2017-12-08Hon'Ble Shri Justice K. K. Sonawane1 pages

1 929-CA-12605-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12605 OF 2016 IN FAST/24228/2016 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION, THR ITS THE EXE ENGINEER

VERSUS

LIMBRAJ BABURAO LOKARE ...

Advocate for Applicant No.1 : Mr. P. S. Shinde. AGP for Applicant No.2 : Mr. S. J. Salgare.

...

WITH CA/12610/2016 IN FAST/24531/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 08TH DECEMBER, 2017.

Order :- Heard learned counsel for applicant- Acquiring Body. Learned AGP for applicant No.2 State of Maharashtra is present. Perused application.

2.

Admittedly, the applicant- Acquiring Body was impleaded as a party respondent No.2 in the reference petition u/s. 18 of Land Acquisition Act, 1894 filed before the Reference Court.

3.

In view of nature of subject matter and the lands acquired for the purpose of Minor Irrigation Division, it would essential to grant permission for applicants to ventilate its grievance before Appellate Forum against the impugned Judgment and Award passed by Civil Judge, Senior Division, Osmanabad, dated 30-04-2012. In such circumstances, the application stands allowed in terms of prayer clause 'A'. The applicants are permitted to file appeal against impugned Judgment and Award passed by Reference Court in Land Acquisition Reference No. 372 and 393 of 2002 dated 30-04-2012. The Registry to take requisite steps for further process. The Civil Applications stand disposed of accordingly. [ K. K. SONAWANE ] JUDGE rrd.