THE EXE.ENGG.MINOR Vs. SHAYAMRAO S/O.JANBA DANGORE
LAWS(BOM)-2017-6-34
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on June 08,2017

The Exe.Engg.Minor Appellant
VERSUS
Shayamrao S/O.Janba Dangore Respondents

JUDGEMENT

- (1.) This appeal questions the legality and correctness of the judgment and order dated 31.1.2001 delivered in Land Acquisition Case No. 209 of 1993 by the Joint Civil Judge, Senior Division, Nagpur. I have heard Shri V. G. Palshikar, learned counsel for appellants; Shri A. P. Raghute, learned counsel for legal representatives of respondent no. 1 and respondent no. 2 and Ms Tajwar Khan, learned Assistant Government Pleader for respondents no. 3, 4 and 5.
(2.) Previously, this appeal was dismissed by this Court by order passed on 267th October 2016. The reason was that the appellant was not found entitled to file and maintain this appeal as the Vidarbha Irrigation Development Corporation had no right to participate in the proceedings before the Collector or the Reference Court. The order of dismissal was challenged in appeal before the Hon'ble Apex Court. The Hon'ble Apex Court by order passed on 20 th March 2007 set aside the order of dismissal of appeal holding that the appellant should participate in the proceedings pertaining to the compensation, it being beneficiary and under liability to pay the compensation. The Supreme Court has remitted this appeal to this Court for adjudicating it in accordance with law and expeditiously. Accordingly, this appeal has been taken up for expeditious disposal.
(3.) The main plank of challenge raised in this appeal is that the Vidarbha Irrigation Development Corporation (VIDC) or predecessor-in-title, Executive Engineer, minor Irrigation, though beneficiary and though liable to pay compensation, was not made a party-respondent in the Reference Court and thus, the impugned judgment and order violated basic principle of rule of law, which is of right of being heard before any order is passed.;


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