Shivaji Bhimrao Lomate v. The State Of Maharashtra, Through Collector Osmanabad, Dist. Osmanabad And Other

48-CRA-75-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 75 OF 2021 Shivaji Bhimrao Lomate ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. M.B. Kolpe, Advocate for applicant Mr. N.T. Bhagat, A.G.P. for respondent nos. 1 and 2 Mr. G.B. Rajale, Advocate for respondent no.3 ....

CORAM : R.G. AVACHAT, J.

DATE : 20th JUNE, 2022 PER COURT :

1.

Heard.

2.

The reference Court has dismissed the reference for want of evidence. With a view to give a full opportunity to the land owner - applicant to put-forth his case for compensation on account of compulsory acquisition of his land, it is desirable to allow this application and remand the matter back to the reference Court for being heard on it's own merits after giving a full opportunity of hearing to the parties concerned. 3.

Civil revision application is, therefore, allowed. The impugned order is hereby set aside. The matter is remanded back for hearing on it' s 1 / 2

48-CRA-75-21.odt own merits. The applicant shall not be entitled for component of interest or any other monetary benefits for the period from the date of the impugned order to the date of this order.

( R.G. AVACHAT, J. ) SSD 2 / 2