VITHALBAI DEORAOJI WAHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of controversy, Rule is made returnable forthwith and heard finally at the stage of admission itself with the consent of Shri Kilor, learned counsel for the petitioner, Smt. Taiwade, learned agp for respondents No. 1 to 3 and Shri Khanzode, learned counsel for respondent No. 4.

(2.) The petitioner is challenging the order dated 29-9-2005 passed by the joint Civil Judge, Senior Division, Nagpur, in Land Acquisition Case No. 196 of 2000, rejecting her prayer for permission to intervene in Reference proceedings under section 18 of Land Acquisition Act. The application has been rejected by the Court below on the ground that the presence of intervenor in the proceedings is not necessary and that she is not person interested in the matter. This Court has issued notice on 13-4-2006 and on 24-8-2006, it was agreed that the petition should be decided finally at the stage of admission itself. Accordingly, the matter has been heard on various dates and finally on 20-11-2006.

(3.) The facts are not much in dispute. The lands in the name of Chintaman dupare present respondent No. 4 were acquired and compensation amount of Rs. 9,8 5, 356/-has been received thereafter under protest. The present petitioner and three other persons raised demand before Special Land Acquisition Officer and demanded that payment should not be made to Chintaman alone. It further appears that the parties settled their dispute amicably and received the compensation amount in the name of Chintaman. Chintaman thereafter moved proceedings under section 18 of the Land Acquisition Act, (hereinafter referred to as the Act) for enhancement of compensation and in that, application came to be filed by the petitioner seeking permission to intervene.