The Executive Engineer Seena Kolegaon Project Div Paranda At Paranda Tal Paranda Dist Osmanabad v. Sachin Dattatrya Baravkar

2025:BHC-AUG:27731 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 10740 OF 2025 IN FAST/19385/2024 THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIV PARANDA AT PARANDA TAL PARANDA DIST OSMANABAD

VERSUS

VISHNU KERBA BARAVKAR WITH CIVIL APPLICATION NO. 10739 OF 2025 IN FAST/19403/2024 THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIV PARANDA AT PARANDA TAL PARANDADIST OSMANABAD

VERSUS

NITIN DATTATRYA BARAVKAR WITH CIVIL APPLICATION NO. 10738 OF 2025 IN FAST/19399/2024 THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIV PARANDA AT PARANDA TAL PARANDA DIST OSMANABAD

VERSUS

SACHIN DATTATRYA BARAVKAR Mr.S.A. Parnere, Advocate for the applicant.

Mr.Abhijit More, Advocate for the respondents.

CORAM

: KISHORE C. SANT, J.

DATE : 04.10.2025 PC :- 01.

Heard. Present applications are filed seeking amendment in the First Appeals and Civil Applications as per draft. 02.

These applications are objected by learned Advocate for the respondent.

( 2 ) 03.

By way of this application, it is stated that the land of the respondents-claimants acquired was only 4 Hectare, whereas wrongly it is stated to be 4 Hectare 78 R in the award passed by the learned Special Land Acquisition Officer and the same area is shown even in the References. It is pointed out that the claimants were having land only up to 4 Hectare 04.

Learned Advocate for the claimants submits that no such amendment can be done in the appeal. In the written statement before the Reference Court, no such ground is raised. At the First Appeal stage also this cannot be considered. Proper course is to approach the Reference Court.

05.

Learned Advocate for the applicant submits that since First Appeals are pending in this Court, only this Court can allow the amendment.

06.

It is submitted that in the award itself area shown is 4 Hectare 78 R. In any way this Court cannot go into said question. If at all it is such case of the appellant, the appellant can file application for

( 3 ) amendment to the pleading. In the present case it is not case that the amendment is sought in the pleading.

07.

This Court finds that the amendment cannot be done at this stage by allowing the appellant to amend the ground in the First Appeals. It is left open to the applicant to take appropriate steps, as advised. 08.

This Civil Applications stand disposed off.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca10740.25