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2017 Supreme(SC) 1597

SUPREME COURT OF INDIA
Arun Mishra, S. Abdul Nazeer, JJ.
Vidarbha Irrigation Development Corporation – Appellant
Versus
Santosh Janba Warghane and Anr. – Respondents
Civil Appeal Nos. 4262, 4263 & 4281 to 4283 of 2017
Decided On : 20-03-2017

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

The Corporation had the right to file an appeal against the enhancement made by the Reference Court, as supported by relevant legal precedents.

Headnote:

Appeal - Land Acquisition - Corporation's right to file an appeal against the Award passed by the Reference Court

Fact of the Case:

The Vidarbha Irrigation Development Corporation deposited compensation and sought to file an appeal against the Award passed by the Reference Court. The High Court had refused the Corporation's leave to file an appeal.

Finding of the Court:

The Court found that the Corporation had the right to file an appeal against the enhancement made by the Reference Court, citing relevant decisions. The High Court's order was set aside, and the matters were remitted to the High Court for adjudication on merits.

Issues: The issue was whether the Corporation had the right to file an appeal against the Award passed by the Reference Court.

Ratio Decidendi: The Corporation could prefer an appeal against the enhancement made by the Reference Court, as established by relevant decisions cited by the Court.

Final Decision: The Court allowed the appeals, set aside the High Court's order, and requested the High Court to dispose of the matter expeditiously.

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 case of "Delhi Development Authority v. Bhola Nath Sharma (dead) by Lrs. & Ors." [(2011) 2 SCC 54].

3. As such, we set aside the order of the High Court and remit the matters to the High Court with request to adjudicate the matters on merits in accordance with law.

4. Interim order passed by this Court shall continue till the High Court hears the matter with respect to interim arrangement.

5. The High Court is requested to dispose of the matter as expeditiously as possible.

6. The appeals are allowed. There shall be no order as to costs.

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