Vidarbha Irrigation Development Corporation, Through Executive Engineer, Bembla Project Division v. Shri Deorao Gangaram Jawalkar (Dead), Through Lrs. Bhaskar Dadarao Jawalkar And 3 Others

1802caf2020.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPICATION F. NO.2020/2014 IN FIRST APPEAL ST. NO.4376/2014 Vidarbha Irrigation Development Corporation through Executive Engineer, Bembla Project Division, Yavatmal, Tq. and Distt. Yavatmal ...Versus...

Shri Deorao Gangaram Jawalkar (Dead) through L.Rs. Bhaskar Dadarao Jawalkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Agrawal, Adv. h/f Shri P.B. Patil, Adv. for applicant Shri R.S. Nagpure, Advocate for respondent no.2 Shri M.A. Kadu, AGP for respondent nos.3 and 4 CORAM : Z.A. HAQ, J.

DATE : 18.02.2015 This application is filed by the Vidarbha Irrigation Development Corporation seeking permission to file the appeal. It is undisputed that the Vidarbha Irrigation Development Corporation (Acquiring Body) was not impleaded as party before the reference Court.

In view of the judgment given by this Court in the case of Vidarbha Irrigation Development Corporation, Buldhana...Versus...Sadanand s/o Damodhar Mawale and others, reported in 2010 (3) Mh.L.J. 581, the civil application is allowed. Leave to file appeal is granted.

FIRST APPEAL ST. NO.4376/2014 In view of the judgment given by this Court in the case of Vidarbha Irrigation Development Corporation,

1802caf2020.14.odt Buldhana...Versus...Sadanand s/o Damodhar Mawale and others, reported in 2010 (3) Mh.L.J. 581, the order passed by the reference Court has to be set aside. Hence, the following order :

The order passed by the reference Court in Land Acquisition Case No.37/2007 on 21.2.2012 is set aside. The matter is remitted to the learned Civil Judge (Senior Division), Yavatmal for deciding the reference afresh after permitting the Vidarbha Irrigation Development Corporation to get impleaded as party to the proceedings. The respondent no.2 and the representative of the appellant and the respondent nos.3 and 4 shall remain present before the learned Civil Judge (Senior Division), Yavatmal on 18.03.2015 at 11:00 a.m. and abide by his further instructions/orders in the matter. The Court may issue notice to the respondent no.1, if required.

The first appeal is allowed in the above terms. In the circumstances, the parties to bear their own costs. JUDGE Wadkar