1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 705 /2011 ( VIDC through Its Executive Engineer vs. Sudhakar Punjaram Chuke and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr A B Patil, Adv.for applicant Mr. A B Nakshane Adv.for Respondent No.1 Mrs.Rashi Deshpande, Adv. For respondents 2 and 3 CORAM : A.B.CHAUDHARI,J. DATED : 14th October, 2011. Heard. Learned counsel for the appellant submits that the First Appeals involving the same question in respect of the land under the same notification have been partly allowed by this Court. In the judgment and order dated 25.10.2010 in First Appeal No. 1031/ 2007 and connected Appeals, the proceedings have been remitted to the reference Court for fresh disposal in accordance with law., I have gone through the judgment and order recorded 2 by this Court. Submissions made by the learned counsel for the appellant are accepted and the proceedings are, therefore, remitted to the reference Court as was done by this Court in the said judgment and order dated 25.10.2010. Hence, the following order :- ORDER (i) First Appeal No. 705/2011 is partly allowed. (ii) The impugned judgment and award dated 21.4.2009 in Land Acquisition Case No. 379 /2005 is set aside. (iii) The proceedings of Land Acquisition Case No. 379/2005 are remitted to the Reference Court for decision on merit afresh. (iv) The reference Court is directed to decide the matter as early as possible and in any case within the period of six months from today. (v) Parties shall appear before the reference Court on 15 th November, 2011. (vi) It shall be the responsibility of the appellant to inform the respondents about the date of appearance before the reference Court i.e. on 15th November, 2011 by personal service or by postal service. (vii) In case the appellant fails to carry out the order, the order of remand made by this Court shall stand automatically recalled. 3 (viii) If the respondents do not appear before the reference Court on the date of appearance mentioned above, the reference Court may issue notice to the respondents to appear before it. No order as to costs. JUDGE sahare