NARAYAN DHONDIBA AGHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant is the original claimant, who had filed Reference under Section 18 of the Land Acquisition Act, before the Reference Court. THE said Reference came to be dismissed. THE Reference Court held that the Reference is filed within the period of limitation but appellant did not produce any evidence, the Reference came to be dismissed. Being aggrieved by the said Award the appellant has filed the present Appeal.

(2.) Shri. Gaikwad, learned Counsel for the appellant submits that no proper opportunity was given to the claimant to adduce the evidence. The matter was entrusted to the learned Advocate, he was residing at Beed and the matter was not attended which was pending before the Additional District Judge, Ambajogai. As the present appellant was not aware of the dates, the matter could not be attended. SHRI. Gaikwad, learned Counsel submits that the claimant is an old illiterate person residing in a rural village who is not conversant with the legal procedure. According to him, opportunity deserves to be given to adduce the evidence.

(3.) The impugned Judgment and Award is set aside. THE District Court, Ambajogai, shall re-hear Land Acquisition Reference No.35 of 1989. THE parties shall appear on 20th December, 2010. THE Reference Court shall decide the Reference, after giving opportunity to the parties to adduce evidence within six months thereafter. THE First Appeal is allowed. However, there shall be no order as to costs. Appeal allowed.