Baba Devrao Sable Died through Lrs Subabai Babasahe Sable and Others v. the State of Maharashtra through the Collector and Others
Case brief
What is this about?
Bombay High Court (Aurangabad Bench), Writ Petition No.1124 of 2025, decided 22.01.2025 by Prafulla S. Khubalkar, J. Enhancement reference under S.18, Land Acquisition Act 1894 (LAR No.426/2018) by legal heirs of co-owner Baba Devrao Sable was rejected by the Reference Court only for non-joinder of the other two recorded owners, Suresh Ganpat Sable and Gopal Bhanudas Lomate, who had not filed references and had taken compensation. Court: petitioners need not suffer, but the two persons must be joined for completeness; writ petition partly allowed, award dated 29.07.2022 quashed and set aside, reference remanded to Civil Judge Senior Division, Paranda for fresh and expeditious decision. Keywords: non-joinder of parties, necessary parties, reference under Section 18, enhanced compensation, remand.
What did the court decide?
Impugned judgment and award dated 29.07.2022, to the extent of LAR No.426/2018, quashed and set aside; LAR No.426/2018 remanded back to the learned Civil Judge, Senior Division, Paranda (printed 'Paranada' in the operative clause) for fresh decision; petitioners directed to join Suresh Ganpat Sable and Gopal Bhanudas Lomate as parties to the reference proceedings and to cooperate for expeditious disposal; Reference Court to decide the reference expeditiously.