{1} fa191411.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1914 OF 2011 Rushinder s/o Deorao Khole, age: 70 years, Occ: Agriculture, R/o Dhangar Mohalla, Ambad, Tq.Ambad, District Jalna. Appellant Versus 1 The State of Maharashtra, through Collector, Jalna. 2 The Sub Divisional Officer, Partur (Competent Authority) under the Maharashtra Industrial Development Act, 1961) 3 The Regional Manager, Maharashtra Industrial Development Corporation, Station Road, Aurangabad. Respondents Ms.A.D.Rakh, advocate for appellant Mr.P.P.More, A.G.P. for respondents no.1 & 2. Mr.S.S.Dande, advocate for respondent no.3. CORAM : MRS. MRIDULA BHATKAR, J. DATE : 18th August, 2011 PER COURT: 1 This appeal is filed against the order dated 15.07.2009, passed by Ad hoc District Judge-1, Jalna, while dismissing the Reference. {2} fa191411.odt 2 The appellant had filed Reference under Section 34 of the Maharashtra Industrial Development Act, 1961 for enhancement of compensation, however, remained absent throughout and did not lead any evidence in support of his claim. The Reference Court, without considering the application on the basis of available evidence, refused to enhance the amount of compensation and dismissed the Reference. 3 Learned Counsel appearing for the appellant submits that the appellant prays that the matter be remanded to the Reference Court and opportunity is to be given to the appellant- claimant to tender evidence, oral as well as documentary. She submits that it being the beneficial legislation, this prayer be considered leniently and fair opportunity be given to the appellant- claimant. 4 Learned Counsel Shri Dande, appearing for the respondents, fairly concedes, on the basis of the similar cases decided by this Court earlier, that the matter may be remanded to the Reference Court, however, on two conditions. It is submitted that the claimant shall not claim interest if the amount of compensation is enhanced, for a period - from the date of dismissal of Reference i.e. 15.07.2009 and till filing of the appeal i.e. 08.03.2011 and secondly, the respondents be allowed to tender oral as well as documentary evidence before the Reference Court. {3} fa191411.odt 5 Learned Counsel appearing for the respondents, with a view to assist the Court, has produced the order passed by this Court dated 22.07.2011 in First Appeal No.1639/2011, wherein in the similar situation, the matter was remanded to the Reference Court for fresh determination of the issue of enhanced compensation. Reliance was placed on the ruling in the case of Kawadu Madhav Bansod Vs. State of Maharashtra & another, reported in 2004 (4) Bom.C.R. 495; and Prithaviraj s/o Shaktishinh Khomne & others Vs. State of Maharashtra & another, reported in 2011 (2) ALL MR 665. 6 In view of the aforesaid judgments, present matter is remanded to the Reference Court on the condition that the claimant shall give an undertaking that he shall not claim any interest for the period from 15.07.2009 to 08.03.2011, if the amount of compensation is enhanced. Both the parties are allowed to tender oral as well as documentary evidence, so also the written statement, if not filed by the respondents, before the Reference Court. 7 Appeal is disposed of in above terms. MRS. MRIDULA BHATKAR JUDGE ******* adb/fa191411