Vidarbha Irrigation Development Corporation, Buldhana Thr. Executive Engineer v. The Collector, Buldhana And Others

correct.wp8148.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.8148 OF 2019 (Vidarbha Irrigation Development Corporation, thr. its Executive Engineer, District Buldhana Vs. The Collector, Buldhana and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri J.B. Kasat, Advocate for Petitioner.

Shri A.A. Madiwale, AGP for Respondent Nos.1 & 2. Shri R.N. Ghuge, Advocate for Respondent Nos.3 & 4. CORAM: RAVINDRA V. GHUGE, J.

DATE: 3 rd JANUARY, 2020.

1] Writ Petition No.8175/2019, which is an Writ Petition Number is corrected as per Court's Order dated 04.02.2025 identical petition, is not on board. By the consent of the parties, the said petition is taken along with Writ Petition No.8148/2019.

2] The petitioner Corporation seeks to challenge the award dated 06.11.2019 delivered by the Sub-Divisional Officer-cum-Land Acquisition Officer, Sindkhed Raja in Land Acquisition Case No.26/1990-1991 pertaining to the land acquired at Mouza Garkhed, Tq. Deulgaon Raja, District Buldhana. The petitioner has raised several grounds for challenging the award delivered under Section 28-A of the Land Acquisition Act, 1894.

3] Having heard the learned Advocates for the respective sides and having perused the record, it is obvious that the impugned award was delivered without a proper opportunity of hearing to the petitioner as well as the original claimants. The learned Advocate for the claimants is right in submitting that he has no reason to be aggrieved by

correct.wp8148.19.O.odt the impugned award since he has been granted certain benefits to which he is legally entitled.

4] It calls for no debate that an opportunity of hearing, if prescribed in law, is fundamental to the proceedings and such a right assumes the character of a substantive right. The record reveals that such a substantive right of the petitioner as well as the claimants has been violated. The impugned award needs to be set aside so as to relegate the parties to the said authority, enabling them to address the said authority on all issues as they may intend to.

5] In view of the above, this petition is partly allowed and the impugned award dated 06.11.2019 is quashed and set aside only for the reason that the petitioners as well as the claimants were not heard. 6] All the litigating parties shall now appear before respondent no.2 on 28.01.2020 at 03:00 p.m. Formal notices need not be issued by respondent no.2. 7] The litigating sides are permitted to submit their written say/statement and raise all such issues as they desire. Respondent no.2 shall consider all the contentions of the parties and after a reasonable opportunity of hearing, would decide the said proceeding by passing a reasoned order on or before 15.04.2020.

Sd/- (Ravindra V. Ghuge, J.) Corrected order.

(Anil L. Pansare, J.) NSN