1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NOS. 500 OF 2004 & 413 of 2003 (1) F.A. No. 500/04 APPELLANT :- State of Maharashtra Respondent through Land Acquisition Officer. ...VERSUS... RESPONDENTS :- (1) Vasant s/o Jagannath Awari Claimants (2) Rambhau s/o Jagannath Awari (3) Meghnath s/o Jagannath Awari (4) Madhukar Jagannath Awari Appeal abated. (5) Janki Jagannath Awari all r/o Gunjala, Tah. Bhadrawati, District Chandrapur. ------------------------------------------------------------- Mr. M. A. Kadu, AGP, for appellant None for respondents. ------------------------------------------------------------- (2) F.A. No. 413/03 APPELLANT :- (1) State of Maharashtra Respondent through Land Acquisition Officer. Co-appellant: (2) Maharashtra State Power Generation Co. Ltd. Through its Executive Engineer (Civil), Civil Maintenance Unit, Chandrapur Super Thermal Power Station, Chandrapur. ...VERSUS... 2 RESPONDENTS :- (1) Meghnath s/o Jagannath Awari, Applicants. Aged 40 years (Ori. Applicant) (2) Rambhau s/o Jagannath awari (3) Madhukar Jagannath Awari – Appeal abated. (4) Vasant s/o Jagannath Awari. (5) Janki w/o Jagannath Awari all r/o Gunjala, Tah. Bhadrawati, District Chandrapur. ------------------------------------------------------------- Mr. D.B. Yengal, AGP, for appellant no.1. Mr. G.E.Moharir Advocate for Co-appellant. Mr. A.R. Patil Advocate for respondent no.1. ------------------------------------------------------------- CORAM : A.B. CHAUDHARI,J. DATED : 01.12.2011 ORAL JUDGMENT In view of the judgment and order made by this Court on 21.7.2011 in F.A. No. 285 of 2002 and connected appeals, this appeal is being disposed of. 2. In F.A. No. 413/03, Maharashtra State Power Generation Co. Ltd., made an application (CAF No. 2594/10)for joining it as co-appellant with the State of Maharashtra and that application came to be allowed by the order dated 19.10.2010. In F.A. No. 500/04 also, similar application (CAF No. 2887/11) is made. It is not in dispute that Maharashtra State Power Generation Co. Ltd., never filed any substantive appeal against the impugned judgment and Award nor it filed any cross-objection obviously because it was not a party. Maharashtra State Power Generation Co. Ltd. cannot be allowed to be joined as co-appellant with the State of Maharashtra since it is a different legal entity. It could on its own file 3 appeal, if it wanted but it cannot be allowed to be joined as co-appellant. However, since the order was passed on 19.10.2010 and now since the matters are being disposed of in terms of the judgment of this Court dated 27.4.2010 in other appeals arising out of the same acquisition proceedings, I do not propose to recall the order dated 19.10.2010. 5. With this preface, having heard learned A.G.P. and having gone through the judgment dated 27.4.2010 passed by this Court, it is clear that the acquiring body was not a party to the proceedings before the Reference Court. In the light of the above, the impugned judgment and Award consequently has to be declared as illegal. In view of the decision of apex court in Abdul Razak v. Kerala Water Authority & ors. - AIR 2002 SC 817, I make the following order. ORDER (i) First Appeal Nos. 500 of 2004 and 413/2003 are partly allowed. (ii) Impugned judgment and Award dated 26.2.1999 in Land Acquisition Case Nos. 81/92 and 80/92 passed by Joint Civil Judge, Sr.Dn., Chandrapur, is set aside. (iii) Reference proceedings are remitted to the Reference Court for fresh decision in accordance with law. (iv) Maharashtra State Power Generation Co. Ltd. is permitted to be joined as party to the reference Proceedings. (v) Parties shall be given opportunity to amend their pleadings and adduce evidence, if they so desire. (vi) Maharashtra State Power Generation Co. Ltd. 4 shall file its reply within 90 days from the date of its first appearance before the Reference Court. (vii) Record and proceedings be sent back to the Reference Court immediately. (viii) Parties to appear before the Reference Court on 16.1.2012. (ix) The Reference Court shall dispose of the reference proceedings as expeditiously as possible, and in any case within one year from the date the parties make first appearance before it. JUDGE /TA/