( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9887 OF 2009 WITH FIRST APPEAL NO. 471 OF 2009 Shantabai Padmakar Kulkarni .. Applicant Versus The State of Maharashtra .. Respondent Shri C.R. Deshpande, Advocate for the applicant. Mrs. R.K. Ladda, A.G.P. for the respondent/State. CORAM : P.R. BORKAR,J. DATED : 26.04.2010 P.C. :- 1. This is an application for allowing remand of Land Acquisition Reference No. 171 of 2004 for re-trial. Since the application is for disposal of the First Appeal, both the Civil Application and the Appeal are taken up for final hearing with consent of the parties. 2. Heard Shri C.R. Deshpande, Advocate for the applicant and A.G.P. Mrs. R.K. Ladda for the respondent. ( 2 ) 3. The First Appeal is filed being aggrieved by the dismissal of Land Acquisition Reference No. 171 of 2004, decided on 19.12.2008 by the Civil Judge, Senior Division, Omerga. It is no more disputed that the land Survey No. 1 admeasuring 36 R land situated at village Bhatangali, Tal. Omerga, Dist. Osmanabad, was acquired by the Government for minor irrigation project at Makai. Notification under section 4 of the Land Acquisition Act was issued on 21.02.1989. The Land Acquisition Officer passed award and awarded the compensation at the rate of Rs. 18,200/- per hectare. Being dissatisfied with inadequate compensation awarded, the claimant/appellant filed reference which came to be registered as L.A.R. No. 171 of 2004, in the Court of Civil Judge, Senior Division, Omerga. The matter was pending in the Reference Court for four years. The Judgment of the Reference Court indicates that no evidence whatsoever was adduced by the claimant and neither claimant nor her advocate filed any application. In the circumstances, for want of evidence, the claim petition was dismissed. It is this order, which is challenged in the appeal. It is stated in the appeal memo that earlier the matter was pending in the ( 3 ) Court of Civil Judge, Senior Division, Osmanabad and later on it was transferred to Civil Judge, Senior Division, Omerga and was renumbered as L.A.R. No. 171 of 2004. In the circumstances, the advocate engaged by the claimant had assured her to inform her the date of hearing, but the applicant did not receive any such letter. Therefore, she was absent. In the circumstances, the applicant seeks that the order of the Civil Judge, Senior Division, Omerga may be set aside and the matter may be remanded for giving opportunity of leading evidence to the applicant. 4. Considering the facts and circumstances of the case, in my opinion, one more opportunity can be given to the applicant to lead evidence. However, the applicant will have to pay some costs. It is because of her an old matter could not be disposed of on merit. In the circumstances, the judgment and award passed by the Civil Judge, Senior Division, Omerga, dated 19.12.2008, is hereby set aside. The learned Civil Judge, Senior Division, Omerga, is directed to take L.A.R. No. 171 of 2004 on his file and allow the parties to lead evidence and decide the matter afresh according to law. ( 4 ) 5. The parties agree to appear before the Reference Court on 16.06.2010 and co-operate with the Refernece Court for early disposal of the matter. The Civil Application and the First Appeal are accordingly allowed and disposed. The applicant/applicant to pay costs of Rs. 1000/- (Rupees One Thousand Only) to the respondent. [P.R. BORKAR,J.] snk/2010/APR10/ca9887.09