1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A. NO. 161 OF 2009 IN FIRST APPEAL NO. 890 OF 2008 (Ex. Engineer, Minor Irrigation Division No.2, Akola vs. Martand Vithuji Pachange & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 28, 2009. Heard Shri Patil, learned counsel for the appellant/ applicant. The prayer is to permit VIDC to be added as party appellant instead of Executive Engineer. As the amendment sought for is formal, the same is allowed. The necessary amendment be carried out forthwith. FIRST APPEAL NO. 890 OF 2008 The description of the appellant has been corrected as per orders passed on Civil Application No. 161 of 2009. The appeal is taken up for final hearing with the consent of the parties. This Court has in earlier identical matter found that when acquiring body is not a party, the judgment of Reference Court stands vitiated. The matters have, therefore, been remanded back for fresh consideration after joining VIDC as party. 2 Shri Paliwal, learned counsel for respondent No.1 points out that in all those matters, the VIDC was directed to deposit the amount as awarded with the Reference Court. Smt. Khade, learned AGP for respondent No.2 has no objection for final disposal. In the circumstances, subject to VIDC depositing the entire amount as awarded with Reference Court by 31.3.2009, the judgment dated 29.3.2005 insofar as it relates to Land Acquisition Case No. 118 of 1996 is hereby quashed and set aside. The matter is remanded back to the Court of Civil Judge, Senior Division, Washim, for deciding the LAC No. 118 of 1996 afresh. After the amount as mentioned above is deposited with it, the Reference Court shall permit VIDC to be added as party respondent and thereafter VIDC shall file written statement, if any, by 30.4.2009. The reference Court shall endeavour to decide the LAC No. 118 of 1996 by 31.12.2009. If the amount is not deposited as mentioned above, the impugned judgment shall revive. First Appeal is allowed accordingly. JUDGE *GS.