1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 355/2008 IN FA ST. NO. 18822/2007 (VIDC vs. Khushalrao Mukundrao Mankar through Lrs Praful Khushalrao Mankar & Ors.) AND FIRST APPEAL NO. 877 of 2009 (VIDC vs. Bachrai Doma Thool & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. JULY 30, 2009. Heard Shri Patil, learned counsel for the applicant/ appellant and Shri Kshirsagar, learned counsel for respondents 2, 3 & 4 and learned AGP for respondent No.5. The acquiring body has filed these appeals. In First Appeal Stamp No. 18822 of 2007, delay is already condoned on 7th July 2009. The appeal, therefore, needs to be registered. In the said First Appeal Stamp No.18822 of 2007, the challenge is to the judgment dated 27.10.2005 delivered by the Civil Judge, Senior Division, Pandharkawada – Kelapur, in Land Acquisition Case No. 221 of 2002. In First Appeal No. 877 of 2009, the challenge is to the judgment dated 10.01.2006 delivered in Land Acquisition Case No. 127 of 1999 by the Joint Civil Judge, Senior Division, Nagpur. In an identical matter i.e. First Appeal No. 2 1260 of 2006, after hearing parties, First Appeal was disposed of by this Court on 29th July 2009 and an identical order needs to be passed in these matters also. Accordingly, the appeals are heard finally. Admittedly, the acquiring body was not party in both the matters. Therefore, for the reasons recorded in the earlier orders, the present appeals are allowed and the appellant acquiring body is impleaded as party defendant in respective reference proceedings which are restored back to the file of trial Court. The acquiring body to file its written statement within a period of 90 days after the copy of this order is served upon the trial Court. Shri Kshirsagar, learned counsel for the respondents in First Appeal Stamp No. 18822 of 2007 states that the respondents/ land owners therein have already withdrawn the amount of compensation as per the judgment of the reference Court. The said withdrawal is made subject to final adjudication by the Reference Court in Land Acquisition Case No. 221 of 2002. The acquiring body to deposit the amount as granted in the impugned judgment in First Appeal No. 877 of 2009 by depositing the same before the lower Court within a period of 90 days as mentioned above. 50% of the amount so deposited is allowed to be withdrawn by the land owners/ respondents after furnishing solvent surety to the satisfaction of the trial 3 Court and remaining 50% be invested in any Nationalized Bank, initially for a period of one year. Subject to this, the judgment dated 27.10.2005 in Land Acquisition Case No. 221 of 2002 and judgment dated 10.01.2006 in Land Acquisition Case No. 127 of 1999 are hereby quashed and set aside. The proceedings under Section 18 of the Land Acquisition Act, are restored to the respective file of the Civil Judge, Senior Division, Pandharkawada, Kelapur and Joint Civil Judge, Senior Division, Nagpur, for their further trial as mentioned above. The appeals are accordingly allowed. However, there shall be no order as to costs. As the matters are old and are being sent back, the Courts below to endeavour to decide the reference proceedings as early as possible and in any case within a period of one year. JUDGE JUDGE *GS.