STATE OF MAHARASHTRA Vs. JANARDHAN GANGARAM VAIDHYA

JUDGEMENT

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

(2.) This appeal is directed against the judgment and decree dated 18/8/2000 in Land Acquisition Case No.4 of 1995 passed by the Joint Civil Judge, Senior Division, Chandrapur granting additional compensation to the respondents-claimants for acquisition of their land @ Rs.75,000/- per hector after deducting the compensation paid with 30% solatium and 12% additional components together with interest @ 9% per annum from the date of the award for the first year and thereafter @ 15% per annum on the amount of additional compensation till realisation.

(3.) The learned counsel for the parties submitted that appeal can be disposed of at the stage of admission itself by remanding the same to the reference Court in view of the fact that the acquiring body was not given a 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 M.S.E.B. could not appear in the reference proceeding before the trial Court and could not file the written statement or reply and has been deprived of defending the reference filed under section 18 of the Land Acquisition Act (for short, the Act). Similarly, the appellant No.2 M.S.E.B. has been deprived of the right to participate in the said proceeding though the M.S.E.B. is necessary party, and therefore, in the interest of justice the matter may be remanded to the reference Court. In support of this submission, the learned counsel for the appellant No.2 relied on the decision of Abdul Rasak vs. Kerala Water Authority, 2002 AIR(SC) 817 .