1 FA.896.07 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 896 OF 2007 The State of Maharashtra. ... Appellant Versus Prakash Shantaram Joshi. ... Respondent ----- Mr. A.R.Patil, AGP for Appellant No.1 / State. Ms. Asha Bhambhavani i/b Kiran Bagaliya for Appellant No.2. Mr. S.A.Sawant a/w Ms.G.P.Shah for Respondent No.1. ----- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. ORAL JUDGMENT: 1 Heard the learned counsel appearing for the parties. 2 Taken up for final disposal. The challenge in this appeal is to the judgment and award dated 21 st August, 2002 passed by the Civil Judge (Senior Division) at Ratnagiri in a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the said Act”). The notification under Section 4(1) of the said Act was issued on 22 nd April, 1991. The acquisition was for Konkan Railway project. 2 FA.896.07 The acquisition was at the instance of the Appellants No.2. The notice of the reference was admittedly not issued to the Appellant No.2. 3 In view of the decision of this Court in the First Appeal (stamp) No.27278 of 2002 (Konkan Railway Corporation Limited Vs.Manohar Shankar Parkar) dated 1 st March, 2005 delivered by the Division Bench of this Court by setting aside the impugned award, the Reference Court will have to be directed to hear the reference afresh. Therefore, this appeal will have to be disposed of in terms of the decision of the Division Bench of this Court. 4 Hence, I pass the following order: i. The impugned judgment and award dated 21 st August, 2002 is quashed and set aside and the L.A.R.NO. 2 of 1995 is restored to the file of the learned Civil Judge (Senior Division) at Ratnagiri ; ii. The parties are directed to appear before the Court of learned Civil Judge (Senior Division) at 3 FA.896.07 Ratnagiri on 29 th September, 2011 at 11:00 a.m. for fixing the scheduled of hearing ; iii. It will be open for the Appellant No.2 to file written statement on or about 29 th September, 2011. No further time shall be granted by the trial Court ; iv. It will be open for the Respondent to adduce additional evidence in addition to the evidence which is already on record ; v. It will be open for the Appellant No.2 to lead evidence in rebuttal ; vi. The Reference Court shall decide the reference afresh as expeditiously as possible and preferably before the end of February 2012 ; vii. The Appellants shall deposit with the Reference Court total 50% of the amount payable under the impugned judgment and award on or before 28 th September, 2011 ; viii. On deposit of the said amount, the trial Court 4 FA.896.07 shall to the Respondent release 50% of the amount deposited by the Appellant No.2 without any security and remaining 50% on furnishing solvent security to the satisfaction of the trial Court ; ix. If some amount is already deposited by the Appellants on the basis of the impugned judgment and decree, the Appellants will be entitled to adjustment of the said amount ; x. The appeal is partly allowed on above terms with no order as to costs ; xi. All the contentions of the parties on merits are kept open ; and xii. The Civil Application No.1623 of 2005 does not survive and the same is disposed of. [ A.S.OKA, J ]