(1.) THE Government of Maharashtra had acquired the agricultural land located in Survey Nos. 374/1, 374/1/2, 375/1/2, 375/3 and 378 of Sangamner for the purpose of construction of 138 KV Sub Station of Maharashtra State Electricity Board (M. S. E. B. , for short) at Sangamner and the total area admeasured 7 Hectares 97 Ares. Award came to be passed on 7th April, 1986. Being dissatisfied with the award amount some of the land holders applied, under section 18 of the Land Acquisition Act, 1894, for reference and accordingly Reference Nos. 25, 26, 27, 28 and 29 of 1989 came to be made before the Court of learned Civil Judge, Senior Division at Sangamner. All these References were decided by a common judgment rendered on 25th of November, 1991.
(2.) THE M. S. E. B. , for whom these lands were acquired, has challenged the common award by filing these appeals, which have been admitted in July, 1994. We have also noted that some of the land owners have challenged the same common award in First Appeal Nos. 268, 269, 367 of 1992 and 267 of 1993.
(3.) THE M. S. E. B. has raised a preliminary grievance that it was neither impleaded as Respondent in the Reference proceedings before the Court below nor it was issued a notice by the said Court for being heard and offered an opportunity of placing its evidence on record to contest the enhancement claim made by the land owners. Shri H. T. Joshi, the learned Advocate for the M. S. E. B, has invited our attention to the decision in the case of Agra Development Authority v. Special Land Acquisition Officer and Ors. , AIR 2001 SC 992 and submitted that there being an enhanced decree, which goes to the root of the matter, viz. the M. S. E. B. having not been impleaded as an additional respondent, as well as issued notice by the Courts below for being heard, the award impugned cannot be sustained and the Reference are required to be remanded to the said Court for fresh determination, after hearing all the parties concerned, including the M. S. E. B. In the case of Abdul Rasak and Ors. v. Kerala Water Authority and Ors. , 2002 AIR SCW 477 the view taken in Agra Development Authority (supra) was reiterated after considering the Constitution Bench judgment in the case of U. P. Awas Evam Vikas Parishad v. Gyan Devi, 1995 AIR SCW 393 and the decision of the High Court of Kerala (Division Bench) remanding the references for fresh decision by the Reference Court, after affording the parties an opportunity of adducing evidence in support of their respective contentions, was upheld.