FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE FIRST APPEAL NOS.2390/07, 2391/07, 2085/07 AND 2086 OF 2007 FIRST APPEAL NOS.2390/07, 2391/07, 2085/07 AND 2086 OF 2007 FIRST APPEAL NOS.2390/07, 2391/07, 2085/07 AND 2086 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr R.V.Pai i/b S.M.Kable for the appellant in FA 2085/07 and FA 2086/07. Mrs Neeta Karnik for the appellant in FA 2390/07 and 2391/07. Mrs G.P.Mulekar, AGP for respondent in FA 2085 and FA 2086/07. Mrs G.P.Mulekar, AGP for respondent nos 1 and 2 in FA 2390/07 and 2391/07. Mr R.V.Pai i/b Mr S.M. Kamble for respondent no.3 in FA 2390/07 and FA 2391/07. CORAM: B.H.MARLAPALLE & D.B.BHOSALE, J. DATED: 21/07/2008 P.C.: Heard the learned counsel for the respective parties. First Appeal Nos 2085/07 and 2086/07 have been filed by the claimants for enhancement of compensation, whereas First Appeal No.2390/07 and 2391/07 have been filed by the Executive Engineer, Maharashtra Jeevan Pradhikaran, New Panvel, District- Raigad. Both, the claimants and the body for whom the land has been acquired, are aggrieved by the impugned Award passed by the learned Civil Judge, Senior Division, Panvel on 28.12.2005 whereby deciding LAR Nos 1 of 2001 and 2 of 2001. These References were pending right from 1996 and came to be re-numbered in 2001 on their transfer to the Court at Panvel. Admit. The respondents waive service. By consent of all the parties, the Appeals have been taken up for final hearing forthwith by dispensing with the paper book as well as the Record and Proceedings. Mrs Karnik, the learned counsel for the Executive Engineer, Maharashtra Jeevan Pradhikaran ("the acquiring body", for short) submitted that before the reference court the acquiring body had not appeared and in any case it was not impleaded as an additional respondent so as to receive a notice from the reference Court. Mrs Karnik, therefore, relied upon the judgments of the Supreme court in the case of (i) U.P.Awas Evam Vikas Parishad V Gyan Devi, (1995) 2 SCC 326; (ii) 2001 Agra Development Authority V Special Land Acquisition Officer, (2001) 2 SCC 646, and (iii) NTPC Ltd, Vs State of Bihar and ors, (2004) 12 SCC 96. As per Mrs Karnik, the body for whom the land came to be acquired by the Government, either the State or the Central, has a right to be impleaded in the Reference and to lead evidence as well as cross-examine witnesses of the claimants or of the State and such a valuable right has been recognised by the law laid down by the Supreme Court and the same was denied to the acquiring body. The record supports the contentions that the acquiring body was neither impleaded as one of the respondents before the reference court or any notice was issued by the reference court to the said body and consequently the reference court has passed the impugned award without hearing the acquiring body. On this limited point, all the learned counsel agree that the reference applications will have to be remanded to the reference Court so as to decide them de novo by affording an opportunity to the acquiring body to lead evidence and also cross-examine the witnesses of the claimants as well as the State Government. Undoubtedly, if the acquiring body leads any evidence in its defence, the claimants will be entitled to cross-examine all these witnesses and lead additional evidence, if so required. Hence, On this limited point, these appeals succeed without touching on the merits of the respective challenges to the impugned award. In the premises, the appeals are allowed and the impugned Award is hereby quashed and set aside. Reference Nos. 1/2001 and 2/2001 are hereby restored and remanded to the file of the learned Civil Judge, Senior Division, at Panvel for de novo trial. We make it clear that the witnesses already examined by the claimants or by the State Government shall be made available to the acquiring body for cross-examination only and in addition the acquiring body as well as the claimants are entitled to lead additional evidence, if so required. On remand, the References shall be decided within three months from the date of the first appearance and all the parties shall appear before the reference Court on 1.8.2008. Costs in cause. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)