STATE OF MAHARASHTRA Vs. JAITUNBEE BEWA MADAR MOHAMAD

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) It is submitted by the learned counsel for the parties that the appeal can be disposed of by remanding the same to the reference Court in view of the fact that acquiring body was not given an opportunity by the Reference Court to contest the matter as the land was acquired for the use of M.S.E.B., which has to pay the cost of acquisition of the land and was necessary and proper party. It is submitted that the law is now well settled in this regard by the Supreme Court in the decision rendered in the case of Abdul Rasak v. Kerala Water Authority, AIR 2002 SC 817. Our attention has also been brought in respect of unreported decision of this Court in First Appeal No. 241 of 2002. In an appeal under Section 54 of the Land Acquisition Act wherein also the M.S.E.B. had intervened in the matter and sought for such remand on the ground that the acquiring body was not joined as party in the Reference Court proceeding and the matter be remanded to the Reference Court for reconsideration and by an order dated 07-4- 2003, the Division Bench of this Court following the judgment of the Supreme Court in Abdul Rasak's case disposed of the appeal without going into the merits of the matter.

(3.) In this case, vide notification issued under Section 4 of the Land Acquisition Act which was published in Maharashtra Government Gazette on 23-4-1987 and was also published in the local newspapers on 16-3-1987 and 18-3-1987, the land bearing survey No.52/3 admeasuring 1.29 H.R. of mouza Devai Govindpur Raiyyatwari, within the Municipal limits of Chandrapur came to be acquired vide Land Acquisition Case No.4/ 65/1986-87 of Devai Govindpur Raiyyatwari by the State Government for the purpose of M.G.R. Railway siding of Thermal Power Station, Durgapur.