1 F.A.No.2797/10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.2797 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.M.M.Bhokarikar, advocate for the appellant. Mr.T.S.Londhe, Asstt.Govt. Pleader for Respondent No.1. Smt.Kutti, advocate for the Respondent No.2. CORAM : S.V.GANGAPURWALA,J. Date : 29.03.2011. 1. Heard. 2. The land of the appellant was acquired. Being dissatisfied with the amount of compensation awarded by the SLAO, the appellant filed a Reference U/s 18 of the Land Acquisition Act. The Reference Court dismissed the Reference for want of evidence as claimant did not adduce any evidence. The claimant has assailed the said Award in the present appeal. 3. Mr.Bhokarikar, learned counsel for the appellant submits that after he had filed the 2 F.A.No.2797/10 Reference, he engaged advocate and he was informed that whenever the evidence is to be led the appellant shall be intimated. The appellant resides in remote village. The appellant did not receive the intimation about adducing the evidence and as such could not lead the evidence. 4. Mrs.Kutti, learned counsel for the Respondent No.2 acquiring body submits that ample opportunity was granted to the appellant. He failed to avail the said opportunity. In absence of any evidence on record, the Reference Court was justified in rejecting the said Reference. It is not a case of no opportunity to the appellant. 5. With the assistance of the learned counsels, I have gone through the judgments. No doubt, the appellant did not remain present for considerable long period and thereafter the evidence of the Respondents was recorded but it is also a fact that the appellant resides in a rural village. It is situated in remote area. The applicant is a rustic person. He is an agriculturist. The land admeasuring 18 ares of 3 F.A.No.2797/10 the present appellant was acquired. There is nothing to disbelieve the version of the appellant. 6. Taking into account the above facts, I am inclined to award one more opportunity to the appellant to adduce evidence. In light of the above, the impugned judgment and award is quashed and set aside and the parties are relegated to the Reference Court. The parties shall appear before the Reference Court on 18.4.2011. The Reference Court shall after affording opportunity to the parties to adduce evidence decide the said Reference within a period of six (6) months from the date of appearance. The appellant shall cooperate in the proceedings and shall not seek any undue adjournments. 7. The First Appeal is accordingly disposed of with aforesaid observations. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.29.03.2011. asp/office/fa2797.10 4 F.A.No.2797/10