STATE OF MAHARASHTRA Vs. RUSHI FAKRU ZADE

JUDGEMENT

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

(2.) This appeal is directed against the judgment and decree passed by the Joint Civil Judge, Senior Division. Chandrapur in Land Acquisition Case No. 1 of 1995. thereby allowing the reference partly and order to pay additional compensation to the respondent in respect of acquired land from Survey No. 72 admeasuring 60 H.R. of village Chota Nagpur by considering the market value of the land @ Rs. 75,000/- per hectare after deducting the compensation paid alongwith other statutory benefits, i.e. 30% solatium, 12% additional compensation and 9% interest per annum from the date of the award for the first year and thereafter @ 15% per annum till its realisation. It is this order passed by the Reference Court, has been challenged in this appeal.

(3.) The learned counsel for the parties submitted 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 contended that the Reference Court did not serve the acquiring body-M.S.E.B. though such notice is required to be served under section; 20 of the Land Acquisition Act and for want of such notice, the appellant No. 2 could not appear in the Reference proceeding before the trial Court and could not file the written statement or reply to the reference proceeding and has been deprived of defending the reference filed under section 18 of the Land Acquisition Act (In short, the Act). The appellant No. 2 has been deprived of the right to participate in the said proceeding. It is contended that the appellant No.2-M.S.E.B. is necessary party, and therefore, it is desirable that the matter should be remanded to the Reference Court. In support of this submission, the learned counsel for appellant No.2 relied on the decision of Abdul Rasak v. Kerala Water Authority (AIR 2002 S.C. 817) and also the judgment of the Division Bench of this Court in First Appeal No. 210 of 2001 decided on 15th September, 2003 and another decision of the Division Bench in First Appeal No. 241 of 2002 decided on 7th April, 200