VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vs. SANTOSH JANBA WARGHANE
LAWS(BOM)-2016-10-239
HIGH COURT OF BOMBAY
Decided on October 26,2016

VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Appellant
VERSUS
Santosh Janba Warghane Respondents

JUDGEMENT

Z.A.Haq, J. - (1.) Heard learned advocates for the respective parties.
(2.) The Vidarbha Irrigation Development Corporation has filed civil applications seeking leave to file appeal to challenge the award passed by the reference Court under Section 18 of the Land Acquisition Act, 1894.
(3.) The agricultural lands owned by the respondents/ claimants in these two matters were acquired pursuant to the notification under Section 4 of the Land Acquisition Act, 1894. After undertaking the prescribed exercise as per the provisions of the Land Acquisition Act, 1894, the Land Acquisition Officer passed award on 23rd February, 2001 and 10th December,2001, respectively. Being dissatisfied with the amount of compensation granted by the Land Acquisition Officer, the landowners requested for reference under Section 18 of the Land Acquisition Act, 1894 which was accordingly made. In one reference proceedings, the State of Maharashtra through Collector, Wardha and Executive Engineer, Minor Irrigation Division, Wardha and in other reference proceedings State of Maharashtra through Collector, Yavatmal and Executive Engineer, Medium Project Division, Yavatmal were impleaded. V.I.D.C. was not party in the proceedings. The reference Court passed award on 9th December, 2011 and 17th January, 2013 respectively and enhanced the amount of compensation. V.I.D.C. has filed appeals challenging the above awards and these applications are filed seeking leave to file appeal. According to V.I.D.C., it was necessary party in the reference proceedings as it is acquiring body and is required to pay the enhanced amount of compensation.;


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