STATE OF MAHARASHTRA Vs. BHIMRAO CHAMPATRAO DESHMUKH

JUDGEMENT

(1.) The State of Maharashtra has preferred this appeal against the award passed by the Civil Court in Land Acquisition Case No. 109/1997. A few facts may be stated thus:

(2.) Respondent was the owner of the field Survey No. 8/2, 8/3, 8/4 and 7/2 of mouza Yerli. Government of Maharashtra had undertaken the construction of Lower Wardha Project. For the purpose of the said Wardha Project the land described above was acquired by the Government by a Notification under Section 4 which came to be issued on 17.02.1994. Notification under Section 6 also came to be issued on 20.10.1994. The Land Acquisition Officer passed an award on 13.12.1996 and fixed the value at the rate of Rs. 35,000/- and Rs. 38,500/- per hectare. The claimant/owner being aggrieved by that preferred a reference to the Civil Court. Reference Court after hearing the parties enhanced the compensation and feeling aggrieved by that order State of Maharashtra preferred this appeal.

(3.) After this appeal was preferred the Vidarbha Irrigation Development Corporation (VIDC) filed an application for impleading it as party. It is alleged in this application that the Corporation was established in the year 1997 and it is in fact an acquiring body now, and it would be liable to pay the enhanced compensation. It is the contention, therefore, of the acquiring body that being an acquiring body it ought to have been impleaded as party in the land acquisition cases before the reference Court, since it is the acquiring body which is directly affected by the enhancement of the compensation.