{1} ca6455-14 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6455 OF 2014 IN FIRST APPEAL STAMP NO.17735 OF 2010 WITH CIVIL APPLICATION NO. 6419 OF 2014 IN FIRST APPEAL STAMP NO.17799 OF 2010 WITH CIVIL APPLICATION NO. 6417 OF 2014 IN FIRST APPEAL STAMP NO.17804 OF 2010 WITH CIVIL APPLICATION NO. 6416 OF 2014 IN FIRST APPEAL STAMP NO.17811 OF 2010 WITH CIVIL APPLICATION NO. 6415 OF 2014 IN FIRST APPEAL STAMP NO.17823 OF 2010 WITH CIVIL APPLICATION NO. 6457 OF 2014 IN FIRST APPEAL STAMP NO.17835 OF 2010 WITH CIVIL APPLICATION NO. 6414 OF 2014 IN FIRST APPEAL STAMP NO.17840 OF 2010 WITH CIVIL APPLICATION NO. 6459 OF 2014 IN FIRST APPEAL STAMP NO.17819 OF 2010 WITH CIVIL APPLICATION NO. 6418 OF 2014 {2} ca6455-14 IN FIRST APPEAL STAMP NO.17848 OF 2010 WITH CIVIL APPLICATION NO. 6460 OF 2014 IN FIRST APPEAL STAMP NO.17852 OF 2010 WITH CIVIL APPLICATION NO. 6456 OF 2014 IN FIRST APPEAL STAMP NO.17815 OF 2010 WITH CIVIL APPLICATION NO. 6461 OF 2014 IN FIRST APPEAL STAMP NO.17826 OF 2010 WITH CIVIL APPLICATION NO. 6458 OF 2014 IN FIRST APPEAL STAMP NO.17803 OF 2010 WITH CIVIL APPLICATION NO. 6463 OF 2014 IN FIRST APPEAL STAMP NO.17844 OF 2010 G. M. I. D. C. Aurangabad APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B. R. Survase, Advocate for applicant Mr. U. H. Bhogale, AGP respondent State Mr. Sachin S. Deshmukh, Advocate for respondents - claimants ....... [CORAM : SUNIL P. DESHMUKH, J.] DATE : 19 th DECEMBER, 2014 {3} ca6455-14 ORDER : 1. Issue notice to respondents, returnable forthwith. Learned AGP waives service for State and Mr. Sachin Deshmukh, learned advocate waives for respondent-claimants. 2. Heard learned advocates for the parties, by consent. 3. These are applications for transposition of respondents No. 1 and 2 i.e. State Government and Special Land Acquisition Officer as co-appellants in the first appeals and seeking leave to file first appeals. This Court, while deciding civil application No. 3819 of 2014 and other companion matters, has allowed such prayer of the applicant vide order dated 17th June, 2014. Order dated 17th June, 2014, passed by this court, in civil application No. 3819 of 2014 and other companion matters reads thus- “1. All the applications are filed by the appellant – acquiring body for transposing Respondent No. 2 – State as co-appellant by deleting it from the array of respondents. 2. Heard learned counsel for both sides. 3. Learned A.G.P. submitted that for filing Appeal, the office is required to take written permission from the Government, which is not yet obtained. Learned A.G.P. cited one reported Judgment in the case of State of Maharashtra V/s Durga S/o Appa Pawar reported in 1997 (2) Mh.L.J. - 500. {4} ca6455-14 4. On the other hand, learned counsel for appellant – acquiring body has produced copy of Circular issued by Dy. Secretary to Government, Water Resources Department dated 08/11/2012. He submitted that on the basis of the contents of the Certificate that in the event of proceedings filed for enhancement of compensation granted by the Reference Court, if the Government does not file Appeal, local body can file Appeal against the Order in the High Court after obtaining leave of the Court. It is also informed that it is always advisable that Appeals are filed by Special Land Acquisition Officer or Government, in the first instant, against the Award and if the Government decides not to prefer Appeal, then local body or Company can file Appeal against the Award. It is further informed that whenever Appeal is filed by the Project like Godavari Minor Irrigation Development Corporation (for short, 'G.M.I.D.C.'), the acquiring body or any of the Irrigation Development Corporation, the Government may be arrayed as respondent in such case and Government may be transposed as co-appellant, since both of them are having common interest. 5. Learned counsel for the appellant placed reliance on some observations by the Apex Court in the case of Kiran tondan V/s Allahabad Development Authority and another reported in AIR 2004 Supreme Court – 2006 (1). At paragraph No. 4, the Apex Court has discussed the power of the appellate Court under Order I rule 10 (2) of the Code of Civil Procedure. In that case, there was specific application on the part of the Government supported with affidavit of the Tahsildar and in that case, the Government was transposed from the array of respondent to the array of appellant. The Apex Court held that there was nothing wrong and the Court has power in that regard and such steps can be taken for doing complete justice. 6. Present appellant – acquiring body is a Project created by the State Government and ultimately it is the State Government which {5} ca6455-14 becomes responsible for the expenditure on the Project. 7. In the circumstance, this Court holds that the interest of the appellant and the respondent – State are not conflicting and they need to be on the side of the appeal. So, all the applications are allowed. The respondent – State Government be transposed to the array of appellant and is deleted from the array of respondents. If the Government Pleader or Assistant Government Pleader wants to argue separately for the State Government for prosecuting the Appeals, such permission will be given and the Government Pleader or Assistant Government Pleader will be allowed for doing the same. 8. In view of this, all the applications are disposed of. 4. In view of aforesaid, present applications stand allowed. Respondents No. 1 and 2 be transposed as co-appellants in first appeals. 5. All the civil applications stand disposed of accordingly. [SUNIL P. DESHMUKH, J.] drp/B14/ca6455-14 {6} ca6455-14 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10067 OF 2010 IN FIRST APPEAL STAMP NO.17735 OF 2010 WITH CIVIL APPLICATION NO.10105 OF 2010 IN FIRST APPEAL STAMP NO.17799 OF 2010 WITH CIVIL APPLICATION NO.10098 OF 2010 IN FIRST APPEAL STAMP NO.17804 OF 2010 WITH CIVIL APPLICATION NO.10108 OF 2010 IN FIRST APPEAL STAMP NO.17811 OF 2010 WITH CIVIL APPLICATION NO.10092 OF 2010 IN FIRST APPEAL STAMP NO.17823 OF 2010 WITH CIVIL APPLICATION NO.10095 OF 2010 IN FIRST APPEAL STAMP NO.17835 OF 2010 WITH CIVIL APPLICATION NO.10083 OF 2010 IN FIRST APPEAL STAMP NO.17840 OF 2010 WITH CIVIL APPLICATION NO.10089 OF 2010 IN FIRST APPEAL STAMP NO.17819 OF 2010 WITH CIVIL APPLICATION NO.10070 OF 2010 {7} ca6455-14 IN FIRST APPEAL STAMP NO.17848 OF 2010 WITH CIVIL APPLICATION NO.10073 OF 2010 IN FIRST APPEAL STAMP NO.17852 OF 2010 WITH CIVIL APPLICATION NO.10077 OF 2010 IN FIRST APPEAL STAMP NO.17815 OF 2010 WITH CIVIL APPLICATION NO.10086 OF 2010 IN FIRST APPEAL STAMP NO.17826 OF 2010 WITH CIVIL APPLICATION NO.10101 OF 2010 IN FIRST APPEAL STAMP NO.17803 OF 2010 WITH CIVIL APPLICATION NO.10080 OF 2010 IN FIRST APPEAL STAMP NO.17844 OF 2010 G. M. I. D. C. Aurangabad APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B. R. Survase, Advocate for applicant Mr. U. H. Bhogale, AGP respondent State Mr. Sachin S. Deshmukh, Advocate for respondents - claimants ....... [CORAM : SUNIL P. DESHMUKH, J.] DATE : 19 th DECEMBER, 2014 {8} ca6455-14 ORDER : 1. Issue notice to respondents, returnable forthwith. Learned AGP waives service for State and Mr. Sachin Deshmukh, learned advocate waives for respondent-claimants. 2. Heard learned advocates for the parties, by consent. 3. Learned advocate for the applicant submits that earlier on the high court, for similar reasons and under similar circumstances, has condoned the delay caused in preferring first appeals. 4. Though learned advocate for respondent-claimants purports to oppose the applications, he is not in a position to seriously dispute the veracity of the contents of the applications and the submission on behalf of the applicant. 5. In view of aforesaid, I deem it appropriate to condone the delay caused in filing first appeals. 6. Accordingly, all the civil applications stand allowed and are disposed of. [SUNIL P. DESHMUKH, J.] drp/B14/ca6455-14 {9} ca6455-14 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10068 OF 2010 IN FIRST APPEAL STAMP NO.17735 OF 2010 WITH CIVIL APPLICATION NO.10106 OF 2010 IN FIRST APPEAL STAMP NO.17799 OF 2010 WITH CIVIL APPLICATION NO.10099 OF 2010 IN FIRST APPEAL STAMP NO.17804 OF 2010 WITH CIVIL APPLICATION NO.10109 OF 2010 IN FIRST APPEAL STAMP NO.17811 OF 2010 WITH CIVIL APPLICATION NO.10093 OF 2010 IN FIRST APPEAL STAMP NO.17823 OF 2010 WITH CIVIL APPLICATION NO.10096 OF 2010 IN FIRST APPEAL STAMP NO.17835 OF 2010 WITH CIVIL APPLICATION NO.10084 OF 2010 IN FIRST APPEAL STAMP NO.17840 OF 2010 WITH CIVIL APPLICATION NO.10090 OF 2010 IN FIRST APPEAL STAMP NO.17819 OF 2010 WITH CIVIL APPLICATION NO.10071 OF 2010 {10} ca6455-14 IN FIRST APPEAL STAMP NO.17848 OF 2010 WITH CIVIL APPLICATION NO.10074 OF 2010 IN FIRST APPEAL STAMP NO.17852 OF 2010 WITH CIVIL APPLICATION NO.10078 OF 2010 IN FIRST APPEAL STAMP NO.17815 OF 2010 WITH CIVIL APPLICATION NO.10087 OF 2010 IN FIRST APPEAL STAMP NO.17826 OF 2010 WITH CIVIL APPLICATION NO.10102 OF 2010 IN FIRST APPEAL STAMP NO.17803 OF 2010 WITH CIVIL APPLICATION NO.10081 OF 2010 IN FIRST APPEAL STAMP NO.17844 OF 2010 G. M. I. D. C. Aurangabad APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B. R. Survase, Advocate for applicant Mr. U. H. Bhogale, AGP respondent State Mr. Sachin S. Deshmukh, Advocate for respondents - claimants ....... [CORAM : SUNIL P. DESHMUKH, J.] DATE : 19 th DECEMBER, 2014 {11} ca6455-14 ORDER : 1. Issue notice to respondents, returnable on 13th March, 2015. Mr. Sachin Deshmukh, learned advocate waives service for respondent-claimants. 2. Till then, there shall be ad interim relief in terms of prayer clause “B” on the condition that entire award amount is deposited in this Court, by the returnable date. [SUNIL P. DESHMUKH, J.] drp/B14/ca6455-14 {12} ca6455-14 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO.17735 OF 2010 WITH FIRST APPEAL STAMP NO.17799 OF 2010 WITH FIRST APPEAL STAMP NO.17804 OF 2010 WITH FIRST APPEAL STAMP NO.17811 OF 2010 WITH FIRST APPEAL STAMP NO.17823 OF 2010 WITH FIRST APPEAL STAMP NO.17835 OF 2010 WITH FIRST APPEAL STAMP NO.17840 OF 2010 WITH FIRST APPEAL STAMP NO.17819 OF 2010 WITH FIRST APPEAL STAMP NO.17848 OF 2010 WITH FIRST APPEAL STAMP NO.17852 OF 2010 WITH FIRST APPEAL STAMP NO.17815 OF 2010 WITH FIRST APPEAL STAMP NO.17826 OF 2010 WITH FIRST APPEAL STAMP NO.17803 OF 2010 WITH FIRST APPEAL STAMP NO.17844 OF 2010 G. M. I. D. C. Aurangabad APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B. R. Survase, Advocate for applicant Mr. U. H. Bhogale, AGP respondent State Mr. Sachin S. Deshmukh, Advocate for respondents - claimants ....... {13} ca6455-14 [CORAM : SUNIL P. DESHMUKH, J.] DATE : 19 th DECEMBER, 2014 ORDER : 1. Issue notice to respondents, returnable on 13th March, 2015. 2. Mr. Sachin Deshmukh, learned advocate waives service for respondent-claimants. [SUNIL P. DESHMUKH, J.] drp/B14/ca6455-14 {14} ca6455-14 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10066 OF 2010 IN FIRST APPEAL STAMP NO.17735 OF 2010 WITH CIVIL APPLICATION NO.10103 OF 2010 IN FIRST APPEAL STAMP NO.17799 OF 2010 WITH CIVIL APPLICATION NO.10097 OF 2010 IN FIRST APPEAL STAMP NO.17804 OF 2010 WITH CIVIL APPLICATION NO.10107 OF 2010 IN FIRST APPEAL STAMP NO.17811 OF 2010 WITH CIVIL APPLICATION NO.10091 OF 2010 IN FIRST APPEAL STAMP NO.17823 OF 2010 WITH CIVIL APPLICATION NO.10094 OF 2010 IN FIRST APPEAL STAMP NO.17835 OF 2010 WITH CIVIL APPLICATION NO.10082 OF 2010 IN FIRST APPEAL STAMP NO.17840 OF 2010 WITH CIVIL APPLICATION NO.10088 OF 2010 IN FIRST APPEAL STAMP NO.17819 OF 2010 WITH CIVIL APPLICATION NO.10069 OF 2010 {15} ca6455-14 IN FIRST APPEAL STAMP NO.17848 OF 2010 WITH CIVIL APPLICATION NO.10072 OF 2010 IN FIRST APPEAL STAMP NO.17852 OF 2010 WITH CIVIL APPLICATION NO.10075 OF 2010 IN FIRST APPEAL STAMP NO.17815 OF 2010 WITH CIVIL APPLICATION NO.10085 OF 2010 IN FIRST APPEAL STAMP NO.17826 OF 2010 WITH CIVIL APPLICATION NO.10100 OF 2010 IN FIRST APPEAL STAMP NO.17803 OF 2010 WITH CIVIL APPLICATION NO.10079 OF 2010 IN FIRST APPEAL STAMP NO.17844 OF 2010 G. M. I. D. C. Aurangabad APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B. R. Survase, Advocate for applicant Mr. U. H. Bhogale, AGP respondent State Mr. Sachin S. Deshmukh, Advocate for respondents - claimants ....... [CORAM : SUNIL P. DESHMUKH, J.] DATE : 19 th DECEMBER, 2014 {16} ca6455-14 ORDER : 1. For the reasons, as have been referred to in the applications, the veracity of which is not much in dispute, I deem it appropriate to grant leave to appeal, as sought under the applications. 2 Accordingly, civil applications stand allowed in terms of prayer clause “B” and are disposed of. [SUNIL P. DESHMUKH, J.] drp/B14/ca6455-14