(Arun Mishra and S. Abdul Nazeer, JJ.)
Vidarbha Irrigation Development Corporation _____________ Appellant
v.
Santosh Janba Warghane and Anr. ___________________ Respondent(s)
Civil Appeal No(s). 4262-4263 of 2017 [Arising out of SLP (C) Nos. 2185-2186 of 2017], decided on March 20, 2017
With
Civil Appeal No(s). 4281-82 of 2017 [Arising out of SLP (C) Nos. 2859-2860 of 2017], Civil Appeal No(s). 4283 of 2017 [Arising out of SLP (C) No. 2861 of 2017]
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Leave granted.
3. 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” [(1995) 1 SCC 221], “U.P. Awas Evam Vikas Parishad v. Gyan Devi (dead) by Lrs.” [(1995) 2 SCC 326], “Abdul Rasak v. Kerala Water Authority” [(2002) 3 SCC 228], “Regional Medical Research Centre, Tribals v. Gokaran” [(2004) 13 SCC 125] and in the case of “Delhi Development Authority v. Bhola Nath Sharma (dead) by Lrs.” [(2011) 2 SCC 54].
4. 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.
5. Interim order passed by this Court shall continue till the High Court hears the matter with respect to interim arrangement.
6. The High Court is requested to dispose of the matter as expeditiously as possible.
7. The appeals are allowed. There shall be no order as to costs.
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