NANDURA MUNICIPAL COUNCIL NANDURA Vs. RAMESH PRALHAD NIWANE

JUDGEMENT

(1.) Heard the learned Counsel for the respective parties. Admit.

(2.) Mr. A.L. Deshpande, learned Counsel waives service on behalf of the Appellant and Mrs. Kalyani Deshpande, learned A.G.P. waives service on behalf of Respondent No. 2.

(3.) This First Appeal is filed by the appellant being aggrieved by the Judgment and Decree dt. 6-1-2003 passed by the Civil Judge (Sr. Dn.), Khamgaon in Land Acquisition Case No. 18 of 1995. Reliance is placed upon the ruling in the case of U.P. Awas Vikas Parishad v. Gyan Devi (D) by L.Rs. and another, 1995 AIR(SC) 724 in order to submit that the acquiring body, Nandura Municipal Council (appellant herein) was not issued with any notice of the land acquisition proceedings in the reference Court and the Award was passed in absence of the acquiring body. My attention has been invited to a copy of the Judgment as well as record in which the Judgment appears at Exh. 30 and an application for reference under section 18 of the Land Acquisition Act, 1894 wherein it appears clear that the appellant was neither issued with any notice of reference proceedings nor it was a party thereto. That being so, it is essential for the reference Court to issue notice to the acquiring body so that evidence may be adduced by the acquiring body so as to determine amount of compensation to be awarded in the land acquisition proceedings by the reference Court. The learned A.G.P. do not dispute the fact that the appellant was neither a party to the land acquisition proceedings before the reference Court nor it was issued with any notice. In view of the above, in order to determine real controversy between the parties in the larger interest of justice, it is necessary to remand the proceedings back to the reference Court. Hence, the following order.