GANPATI RAMA HAZARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. It is made returnable forthwith. Ms. G.L. Deshpande and Mr. K.N. Lokhande, learned Assistant Government Pleaders as well as Mr. A.M. Gaikwad, learned advocate waives service for respective respondents. At their joint request the matter is heard finally at the admission stage.

(2.) In both these petitions, the judgments and orders passed by Civil Judge, Senior Division, Paranda on 25/1/2022 in L.A.R. No. 455 of 2016 and on 16/4/2022 in L.A.R. No. 454 of 2016 have been challenged. By those orders, the trial Court has proceeded to dismiss the Land Acquisition References filed by the petitioners. The main ground of dismissal is failure on the part of the petitioners-claimants to adduce evidence. The trial Court has recorded detailed findings as to how repeated opportunities were granted to the petitioners to lead evidence in support of their claims. However, since the evidence was not led for a considerable period of time, the Court was left with no alternative but to adjudicate the references in the absence of any evidence being led and proceeded to dismiss them.

(3.) Mr. More, learned counsel for the petitioners submits that the petitioners were not given proper advice on account of which they could not lead evidence in the matter. In respect of the period after March-2020, he would rely upon the situation arising out of Covid-2019 pandemic to justify failure on the part of the petitioners to lead evidence. He would submit that the petitioners are required to be granted one opportunity to lead evidence, so that the references can be properly adjudicated based on the evidence adduced. Mr. More submits that, since the evidence was not adduced for a long period of time, the petitioners are willing to forgo interest on enhanced amount of compensation, if awarded by the reference Court. Mr. More relies upon decisions of this Court in Walmik Trimbak Tupe vs. The State of Maharashtra and another, Writ Petition No. 12795 of 2019 decided on 17/1/2020 and Ranganath Ganpati Pathak Died Thr. LRs Janardhan and Anr. vs. The State of Maharashtra and Others, Writ Petition No. 1449 of 2021 decided on 29/8/2022.