Remanded

Malanbai Kisan Kajave v. the State of Maharashtra and Ors.

Bombay HC13 Dec 2017FA/3913/2017

Case brief

AI extract

What is this about?

The High Court allowed the appellant's appeal regarding a dismissed land acquisition reference. The Court found the claimant was not given a chance to present evidence and ordered the matter remanded to the Trial Court for fresh disposal within six months.

What did the court decide?

Matter remanded to Reference Court for disposal within six months, directing the claimant to adduce evidence.

Malanbai Kisan Kajave Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2017)

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914.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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914 FIRST APPEAL NO. 3913 OF 2017

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MALANBAI KISAN KAJAVE

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VERSUS

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THE STATE OF MAHARASHTRA AND ORS.

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...

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Advocate for Appellant : Mr. B. K. Pawar.
AGP for Respondents : Mr. V.S. Badak.

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ORDER:

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1. With the consent of both parties, this appeal
taken up for final hearing.

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2. Heard Mr. Pawar, learned counsel for appellant
and Mr. Badak, learned A.G.P. for respondents/State.

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3. Appellant preferred this appeal being aggrieved

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with the judgment and order passed by Joint Civil Judge
Senior Division, Omerga, dated 30.04.2009, in Land
Acquisition Reference No. 569/2005. Learned counsel

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for the appellant submits that the appellant is
illiterate lady, residing in remote place from Omerga

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town. He further submits that, the Advocate
representing the claimant in the Reference Court had

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not intimated the date of hearing to the claimant,

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therefore, she was unable to attend the Court

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914.odt

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proceedings, ultimately, the Reference Court has
dismissed the reference on the ground that no evidence
is adduced on behalf of the claimant.

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4. On perusal of the grounds in the appeal it
appears that, the claimant had engaged advocate in
Reference Court. The learned advocate has given
understanding to the claimant that as and when the
matter will be listed for evidence, he will intimate
the claimant about the same, however, the advocate did
not inform, therefore the claimant was unaware about
the proceedings. Next ground in the appeal is that the
matter is transferred from Osmanabad Court to Omerga
Court. Thereafter the claimant appeared through her
advocate in Omerga Court, however, no opportunity was
given to lead her evidence. Learned counsel for the
appellant submits that, since the immovable property of
the claimant has been acquired by the State/acquiring
body, the matter needs to be remanded.

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5. On perusal of the reasons recorded by the

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learned Reference Court no where it is mentioned in the
judgment that the claimant was given opportunity to
lead evidence. On perusal of para No. 6 of the judgment

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of Reference Court it appears that, the matter was

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914.odt

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pending since year 2000. The claimant or her advocate
have not submitted any application, from which it
appears that the claimant was not interested to conduct
the proceedings. Thus from the reasons recorded by the
Reference Court it appears that no evidence was adduced
on behalf of claimant.

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6. So looking to the above reasons it appears that
no evidence was adduced on behalf of both parties. In
such circumstances, I am of the opinion that one more
opportunity must be given to claimant to adduce her
evidence. Learned counsel for the appellant/claimant

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submits that in case claimant succeeds in land
acquisition reference, the appellant/claimant will not
claim interest/monetary benefits from the date of
dismissal of the reference till this date i.e. the date
of order of this Court.

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7. In view of above and in the interest of justice
I am of the opinion that the matter needs to be
remanded to the Trial Court for its disposal in
accordance with law.

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8. Parties are directed to appear before the

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Reference Court on 15.01.2018.

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914.odt 9. The Reference Court shall give opportunity to both the sides to lead their evidence and dispose of the reference within a period of six months from the date of appearance of the parties.

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10. With these directions, First Appeal No.
3913/2017 is disposed of.

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mkd

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Malanbai Kisan Kajave v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Malanbai Kisan Kajave v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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