1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal Nos. 911/2007, 924/2007 and 932/2007 ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. D.K. Dubey, Advocate for the appellant, Mr. B.K. Pal, Advocate for the respondents, Mr. T.R. Kankale, AGP for the State. .......... Coram : B.P. Dharmadhikari, J. Dated : 11 th February, 2009. Heard Advocate Dubey for the appellant/Acquiring Body, Advocate Pal for the respondents in all three appeals and the learned AGP Kankale for Special Land Acquisition Officer. Advocate Dubey makes a grievance that the judgment and order either by reference court or the lower court is vitiated because the appellant was not the party before it. He points out that all these appeals are, therefore, for final hearing and need to decide at the stage of admission itself. Advocate Pal for the respondent states that in such matters where acquiring body was not party, this court has remanded the matter back to the trial court with a direction to implead the acquiring body. He further states that the 2 reference should also be directed to be decided in fixed time and the acquiring body should be called upon to deposit the amount as granted by the reference court. Advocate Dube urges that such direction can not be given as it was not party. In view of this, I find it appropriate to quash and set aside the impugned judgment dated 27.4.2007 in Land Acquisition Cases delivered by 2nd Joint Civil Judge, Senior Division, Nagpur and challenged in all these three appeals. Accordingly, LAC Nos.221/1993, 223/1993 and 225/1993 are remanded back to the file of it for fresh consideration in accordance with law. The present respondents-land owners shall join the present appellant as party respondent in reference proceedings by 31.3.2009 and the present appellant shall appear before the reference court in these proceedings on 31.3.2009. Parties are directed to appear before the trial court on 31.3.2009. After the acquiring body is joined as party respondent, the acquiring body shall file its written statement and also deposit the amount as granted by the reference court by 15.6.2009. After the amount is so deposited, reference court shall proceed further to decide the reference on merits and the Land Acquisition Cases shall be decided as early as possible and in any case on or before 31st December, 2009. First Appeals are thus allowed. No costs. JUDGE Gulande