DIGAMBAR SAMBAJI PUED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. At the stage of admission hearing, by an order dated 17th October, 2007 the notice was issued to the respondents for final disposal of petition at the admission stage.

(2.) The issue raised by the petitioner is whether provisions of Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short "C.P.C.") are applicable to the proceedings of reference under section 18 and 30 of the Land Acquisition Act, 1894 (for short "the Act") by the Collector.

(3.) The learned counsel Mr.Khader for the petitioner has placed reliance on reported judgments viz. (1) Smt. Ambey Devi vs. State of Bihar [AIR 1996 SC 1513], (2) Ragjimatj vs. Panditt Ramchandra [2000(2) Mh.L.J.81] and has also referred to an unreported judgment delivered by this Court (Coram : S.B.Deshmukh, J.) dated 27th September, 2007 in Writ Petition No.5468 of 2007 decided along with other group matters. 4. The land acquisition proceedings were initiated by Sub Divisional Officer and Land Acquisition Officer, Nanded in the year 1984, in respect of land Survey No.122A, admeasuring 2 Hectares 60 Ares, situated at village Dhanegaon, Taluq and Dist. Nanded. The Special Land Acquisition Officer passed final award on 24/7/1997. There was dispute between claimants regarding entitlement of compensation. According to the petitioner, the dispute was referred to the Civil Judge (Senior Division),Nanded by Land Acquisition Officer, through a communication dated 24/12/1998 for adjudication. The Collector had also forwarded reference under section 18 of the Act to the Civil Court.