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2017 Supreme(SC) 1597

ARUN MISHRA, S.ABDUL NAZEER
Vidarbha Irrigation Development Corporation – Appellant
Versus
Santosh Janba Warghane – Respondent


Advocates Appeared:
Mr. Shekhar Naphade, Sr. Advocate, Mr. Manish Pitale, Advocate, Mr. J.B. Kasat, Advocate, Ms. D.S. Matwankar, Advocate, Mr. Chander Shekhar Ashri, Advocate, Mr. Amol Chitale, Advocate, Mr. Nishant Ramakantrao Katneshwarkar, Advocate, Mr. Gaurav Agrawal, Advocate, Mr. Kishor Lambat, Advocate, Mr. Sachin Pahwa, Advocate, Mr. Sumit Siddi, Advocate, M/s. Lambat And Associates

ORDER :

Heard learned counsel for the parties.

Leave granted.

2. Vidarbha Irrigation Development Corporation (in short 'the Corporation') being beneficiary had deposited the amount of compensation. Obviously, it could participate in the proceedings pertaining to the compensation. Thus, the High Court had erred in law in refusing the Corporation's leave to file an appeal against the Award passed by the Reference Court. Though the Corporation could not seek reference under Section 58 of the Land Acquisition Act, 1894 as against the Award passed by the Land Acquisition Commissioner but could definitely prefer an appeal against the enhancement made by the Reference Court in the light of the decisions rendered by this Court in "Himalayan Tiles and Marble (P) Ltd. v. Francis Victor Coutinho (Dead) By Lrs." [1980) 3 SCC 223], "Neyvely Lignite Corporation Limited v. Special Tehsildar (Land Acquisition) Neyvely and Ors." [(1995) 1 SCC 221], "U.P. Awas Evam Vikas Parishad v. Gyan Devi (dead) by Lrs. & Ors." [(1995) 2 SCC 326], "Abdul Rasak & Ors. v. Kerala Water Authority & Ors." [(2002) 3 SCC 228], "Regional Medical Research Centre, Tribals v. Gokaran & Ors." [(2004) 13 SCC 125] and in the cas





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