STATE OF MAHARASHTRA Vs. UTTAM GOBAJI JATTE

JUDGEMENT

(1.) These appeals have been preferred by the State of Maharashtra against the common award passed by the reference Court in Land Acquisition Cases in respect of Kardi Dam Project in Buldhana district. Against the common award passed by the Civil Judge Senior Division Buldhana several appeals were preferred which included appeal No. 729/2007. By judgment dated 24.03.08 this Court has decided First Appeals No. 729/2007 and 47 other appeals. These 5 appeals as stated earlier arise out of the same common order passed by the Civil Judge Senior Division. In these appeals too Vidarbha Irrigation Development Corporation (VIDC) has filed application for adding it as a party and for a leave to appeal. While deciding First Appeal No. 729/07 this Court had held that VIDC being acquiring body was entitled to be heard and was a necessary party before the reference Court. This Court had therefore granted leave to appeal to the VIDC and had remitted the cases back to the Civil Judge Senior Division for fresh trial in order to afford an opportunity to VIDC to contest the claim as laid by the claimant/owners. In view of the fact that this Court had already taken a view that the VIDC was necessary party in the Land Acquisition Cases before the Civil Judge Senior Division and that the leave to appeal has to be granted and since these appeals arise out against the award passed by the Civil Judge, Senior Division it is appropriate that VIDC is granted leave to appeal against the award passed by Civil Judge Senior Division. In view of the fact that in other appeals the matters have been remitted back to the Civil Judge Senior Division the same course of action should be followed in these appeals. In view of this the following order is passed:

(2.) In view of the fact that this court has taken a view that the VIDC needs to be added as party and the matter remitted back to the civil court and facts being identical in this appeal, all these appeals also need to be remitted back to the Civil Court. Accordingly the application filed by the VIDC for impleading it as party is allowed.

(3.) The judgment and award passed by the Civil Court under challenge is set aside. The land acquisition case is remitted back to the Civil Judge (Senior Division) for fresh decision in the matter according to law. The Civil Judge shall allow the VIDC to file Written Statement and cross examine the witnesses already examined. Both parties may be allowed to examine additional witnesses if they so choose. The State of Maharashtra has already deposited the compensation in reference Court and it is also stated before me that the same has been withdrawn by the claimants. The reference Court should take note of this. The parties to appear before the reference Court i.e. Civil Judge Senior Division, Buldhana on 09.06.2008. No order as to costs.