ZILHA PARISHAD JALNA THR EXE ENGINEER AND ORS v. BHASKAR SAMBHARAO GADADE
FA/446/2016 · 2026-07-27
Shri Siddheshwar Sundarrao Thombre
body2016
DailyLaw.ai
[ 2016 DAILYLAW 2389 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2016 DAILYLAW 2389 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FA 449/16 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 FIRST APPEAL NO. 449 OF 2016 WITH FIRST APPEAL NO. 446 OF 2016 WITH FIRST APPEAL NO. 448 OF 2016 WITH FIRST APPEAL NO. 450 OF 2016 WITH FIRST APPEAL NO. 2165 OF 2022 WITH FIRST APPEAL NO. 2159 OF 2022 ... ZILHA PARISHAD JALNA THROUGH EXECUTIVE ENGINEER AND ORS VERSUS DATTA KONDIBA PALWE ... Advocate for Appellant : Mr. Bhushan Kulkarni AGP for Respondent/State : Mr. R.B. Dhaware Advocate for Respondent 1 : Mr. A.H. Koralkar … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : July 27, 2026 PER COURT :-
1. Admit. 2. As the acquisition proceedings are of the year 2002, heard finally with the consent of learned counsel for the respective parties. 3. By the present appeals, the appellant/Zilla Parishad is challenging the judgments and orders of the reference court in LAR Nos. 2510/2010 dated 4.3.2014, 2594/2010 dated 5.3.2014, 135/2010 and 27/2010 dated 3.10.2011 on the ground that the matters were decided exparte against the appellant. 4. It was brought to my notice that though the appellant/acquiring body/Zilla Parishad was served, the above LARs were proceeded exparte against it before the reference court. It needs to be noted that ultimately 2026:BHC-AUG:32080
FA 449/16 & Ors. 2 the acquiring body needs to pay the compensation to the claimants. Therefore, without going in to the merits of the matters, I deem it appropriate to remand the matters back to the reference court to decide the same afresh within a period of six weeks. 5. In view of the above, the judgments and orders passed by the reference court in LAR Nos. 2510/2010 dated 4.3.2014, 2594/2010 dated 5.3.2014, 135/2010 and 27/2010 dated 3.10.2011 are quashed and set side. Consequently, the appeals filed by the original claimants for enhancement are also disposed of accordingly. 6. The amount, if any, deposited in this court be transmitted to the reference court with interest accrued thereon. 7. The reference court is directed to decide the above land acquisition references within a period of six weeks. 8. Parties to appear before the reference court on 10.8.2026. 9. The learned counsel for the appellant undertakes that he will instruct to Zilla Parishad to appear through the counsel before the reference court on the above date. 10. All points are kept open. 11.
The present appeals are disposed of accordingly. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/