EXECUTIVE ENGINEER NANDUR MADHMESHWAR CANAL DIVISION VAIJAPUR Vs. STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned AGP for respondent Nos. 1 and 2 and learned counsel for respondent No. 3-A.

(2.) RULE. Rule made returnable forthwith. By consent, heard finally.

(3.) THERE is no dispute among the parties that the present petitioner be joined as respondent in application under Section 28-A of the Land Acquisition Act, before the respondent No.2 by the respondent No.3-A. The respondent No.2 passed award in Land Acquisition Reference No. 2004/SLAO/J/SP/II/AR 23/91 on 16.10.2004. The counsel appearing for the petitioner relies on various judgments/orders passed by this Court. The compilation of such orders passed in writ petition Nos. 1597 of 2007 with 1598 of 2007 with 1599 of 2007 with 1600 of 2007 with 1601 of 2007 with 1602 of 2007 with 1604 of 2007 with 1605 of 2007 etc. has been placed on record. This order is passed by the learned Single Judge of this Court (Coram R.M. Borde, J.) on 5.2.2008. This order, passed in a bunch of petitions, decided by this Court, by common judgment/order dated 5.2.2008, is made available by advocate Mr. Sonwalkar to learned AGP and advocate Mr. Patni, who fairly concede the legal position that the present petitioner ought to have been joined as party by respondent No.3 and it ought to have been heard by the respondent No.2.