1 WP-9568-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 9568 OF 2009 ALONG WITH WRIT PETITION NO. 9566 OF 2009 ALONG WITH WRIT PETITION NO. 9567 OF 2009 ALONG WITH WRIT PETITION NO. 9575 OF 2009 ALONG WITH WRIT PETITION NO. 9576 OF 2009 ALONG WITH WRIT PETITION NO. 9577 OF 2009 ALONG WITH WRIT PETITION NO. 9578 OF 2009 WRIT PETITION NO. 9568 OF 2009 Arjun Ambrushi Barbole ) Age: Adult, Occ: agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur, Dead legal heirs: ) 1A) Vishwas Arjun Barbole Age-45) R/o. Kasarwadi Road, Barshi, ) Dist. Solapur. ) 1B) Chandrakant Arjun Barbole ) Age: 43, R/o. Kasarwadi Road,) Barshi, Dist. Solapur. ) 1C) Arun Arjun Barbole, Age-42 ) R/o. Kasarwadi Road, ) Barshi, Dist. Solapur. ) 1D) Smt. Sojar Arjun Barbole Age-71) R/o Kasarwadi Road, Barshi, ) Dist. Solaur. 2 WP-9568-09.sxw Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9566 OF 2009 Babruwan Ambrushi Barbole ) Age: Adult, Occupation: Agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur. ) Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9567 OF 2009 3 WP-9568-09.sxw 1. Chandrakant Ambrushi Pawar ) Age 43, Occu: Agriculture. ) 2. Suryakant Ambrushi Pawar ) Age Adult, Occu: agriculture. ) 3. Smabhaji Bhagwan Pawar ) 4. Kisan Bhagwan Pawar ) Age: Adult, Occu: Agriculture, ) All R/o. Barshi, Tal: Barshi, ) Dist.Solapur. ).. Petitioners (Orig. Applicants. Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9575 OF 2009 Babruwan Ambrushi Barbole ) Age: Adult, Occupation: Agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur. ) 4 WP-9568-09.sxw Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9576 OF 2009 Babruwan Ambrushi Barbole ) Age: Adult, Occupation: Agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur. ) Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9577 OF 2009 Babruwan Ambrushi Barbole ) 5 WP-9568-09.sxw Age: Adult, Occupation: Agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur. ) Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents (Orig. defendants) WRIT PETITION NO. 9578 OF 2009 Babruwan Ambrushi Barbole ) Age: Adult, Occupation: Agriculture, ) R/o. Barshi, Tal: Barshi, ) Dist. Solapur. ) Versus 1. State of Maharashtra ) (Notice to be served on the ) Collector Solapur). ) 2. The Special Land Acquisition ) Officer No.2. ) Office at : Solapur, Dist.Solapur) 3. Deputy Chief Engineer, ) Central Railway. ).. Respondents 6 WP-9568-09.sxw (Orig. defendants) Mr. Rupesh K.Bobade,Advocate, for the petitioners. Mr. S.D.Rayrikar, AGP, for the respondent Nos. 1 & 2. Mr. T.J.Pandian, Advocate, for respondent No.3. CORAM: J.H.BHATIA,J. DATE : 5th October, 2010. JUDGMENT: 1. Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties. 2. All these Writ Petitions arise out of the Land Acquisition References wherein the petitioners had sought to amend the applications in respect of the compensation amount and other aspects. The learned Civil Judge, Senior Division, Barshi however rejected all the amendment applications relying upon State of Maharashtra vs. Ashok Laxman Wani 2008 (6) ALL MR 65 and Sitaram Bhopi vs. State of Maharashtra 2008 (4) Mh.L.J.9 wherein it has been held that the amendment could not be made after the period of limitation nor the amendment could be made so as to claim enhancement in compensation which will be more than the claim in the reference applications. 3. The learned Counsel for the parties have pointed out that in State of 7 WP-9568-09.sxw Maharashtra vs. Sittaram Narayan Patil 2010 (2) Mh.L.J. 387, the Full Bench of this Court has disagreed with Ashok Laxman Wani and the Full Bench held as follows :- "32. In the light of the above discussion,we are answering the issues referred to this Bench for consideration as follows : 1. The claimant whose land is acquired can be allowed to amend his claim application so as to enhance the compensation claimed in an application for reference under section 18 of the Act. 2. The amendment so as to enhance the compensation claimed in the application for reference under section 18 of the Act can be allowed before the Reference Court as well as at the stage of an Appeal in the High Court arising out of the decision of the Reference Court. However, while granting amendment so as to enhance the compensation, the general principals for considering an application for amendment made under Order 6, Rule 17 of the Code of Civil Procedure, 1908 are applicable." In view of this authority, the applications for amendment could not have been 8 WP-9568-09.sxw rejected on either of the two grounds. 4. For the aforesaid reasons, these Writ Petitions are allowed and the impugned orders are hereby set aside. The trial Court is directed to re-hear the parties on the amendment applications in the light of the Full Bench Judgment and to decide the same on their own merits. Rule made absolute accordingly. (J.H.BHATIA,J.)