1 W.P.NO.3644.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3644 OF 2005 The Municipal Council, Tuljapur,Tq. Tuljapur District Osmanabad Through its Chief Officer ...PETITIONER. VERSUS 1. The State of Maharashtra, Through Collector,Osmanabad. 2. Sudhakar S/o Laxman Shamraj Age 60 Years,Occup.Agril. 3. Ashok S/o Narayan Shamraj Age 40 years,Occup.Agril., 4. Kashinath S/o Laxman Shamaraj Age 50 years Occup.Agril., All R/o Tuljapur,Tq.Tuljapur, District Osmanabad. Dead through L.Rs.. 4A.Bhagwat S/o Kashinath Shamraj Age 44 years Occup. Agril. 4B.Balasaheb S/o Kashinath Shamraj Age 36 years Occup. Agril. Both R/o Mahadwar Road, Near Hanuman Temple,Tuljapur, Tq.Tuljapur,Dist.Osmanabad. 4C.Sow Shila Dev Age 43 years Occu.Household, R/o Dev Wada,Near Vitthal Mandir, South Kasba,Solapur, District Solapur. 2 W.P.NO.3644.05 4D. Sow Jaya Joshi Age 34 years Occup.Household, R/o Asra Colony, Hodgi Road, Solapur,Dist.Solapur. ...RESPONDENTS. ... Shri.K.S.Bhore, Advocate for Petitioner. Shri.V.B.Ghatge,A.G.P. for Respondent-State. Shri M.M.Patil,Beedkar,Advocate for Resp.No.2. Shri S.S.Halkunde,Advocate for Resp.No.3. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 12TH AUGUST, 2010. ORAL JUDGMENT :( PER : NARESH H.PATIL, J. ) 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the petition is heard and finally decided at the stage of admission. 2. Mr. Bhore, learned counsel appearing for the petitioner submits that the petitioner-Municipal Council, Tuljapur is Acquiring Body, whose concern is that it was not made party to the Land Acquisition Reference Proceedings. The other petitions filed by the Petitioner-Municipal Council Tuljapur, out of the same notification 3 W.P.NO.3644.05 were allowed. The learned counsel appearing on behalf of the petitioner placed on record xerox copies of such orders. 3. It is settled position that Acquiring Body is necessary party to the Land Acquisition Reference Proceedings. In fact, the Acquiring Body/Authority ought to have been made a party, so that it gets an opportunity to cross examine the witnesses of the claimants and lead independent evidence in support of its case. The Civil Judge Senior Division, Osmanabad, delivered the Judgment and Award, in Land Acquisition Reference Proceedings Nos. 47 of 1991 and 48 of 1991, on 26th March, 1997. The present Writ Petition was filed in the year 2005, though at belated stage. It is true that subject Judgment and Award is set aside after near about more than 13 years. 4. In the light of the above observation, we are inclined to show our indulgence in favour of the petitioner and observe that the petitioner shall 4 W.P.NO.3644.05 take necessary steps to protect its interest as Acquiring Body and co-operate with trial Court for early disposal of the matter on merits. With this view following order is passed: Order a) Judgment and Award passed by the learned Civil Judge Senior Division, Osmanabad in LAR No.47 of 1991 and LAR No.48 of 1991 stands quashed and set aside and matter is remanded back to the Court. b) The petitioner is entitled to file written statement and to lead evidence. c) The claimants are entitled to cross examine the witnesses of the petitioner. d) The claimants are entitled to lead additional evidence. e) The petitioner is entitled to cross examine the witnesses of the claimants, who already deposed before the Court. f) The evidence already recorded before the trial Court shall be read in evidence by the trial Court while deciding the References. 5 W.P.NO.3644.05 g) Till Judgment and Award is delivered by the Reference Court, after remand, the respondent-State shall not initiate any proceedings for recovery against the claimants in respect of amount, received by the claimants under the Award, passed by the Reference Court. h) The reference Court shall dispose of the references within six months from the date of receipt of this order. 5. Rule made absolute in the above terms. No order as to costs. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK