1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL STAMP NO.15868 OF 20010 APPELLANT :- Vidarbha Irrigation Development Corpn. through its Executive Engineer, Minor Irrigation Division No. 2, Chikhali, Distt. Buldana. ...VERSUS... RESPONDENTS :- 1. Laxminarayan Kisandas Dusad, Occupation : Cultivator, r/o Amdapur, Tq. Chikhli, Distt. Buldana. 2. The State of Maharashtra, Through Collector, Buldana. ------------------------------------------------------------- Mr. A.B. Patil Advocate for the appellant. Mr. S.R. Dalvi Advocate for Respondents 1 and 2. Mr. Kadu, Asstt. Govt. Pleader, for Res. no.3. ------------------------------------------------------------- CORAM : A.B. CHAUDHARI,J. DATED : 05.05.2011 ORAL JUDGMENT Heard. Admit. Taken up for final hearing with the consent of learned counsel for rival parties. Admittedly the appellant being an acquiring body was not a party before the Reference Court. The reason was that the appellant itself came into existence on 12.3.1997 and the Reference was filed in the year 1995 and, therefore, there was no reason for 2 the claimant to add appellant as a party to those proceedings. Hence in view of judgment of apex court in Abdul Razak & ors. v. Kerala Water Authority & ors. reported in AIR 2002 SC 817 the appeal will have to be partly allowed. Hence, the following order. ORDER (i) F.A. St.No. 15868/10 is partly allowed. (ii) Proceedings of Reference Court in Land Acquisition Case No. 36 of 1995 are sent back to the Reference Course for fresh decision in accordance with law. (iii) Parties shall appear before the Reference Court on 14.6.2011. The appellant shall get added its name in the proceedings before Reference Court and thereafter shall file reply within 90 days therefrom. (iv) The Reference Court shall then proceed with the proceedings and complete the same within six months from the date of filing of written statement. Learned counsel for the respondent no.1 undertakes to inform his client accordingly. (v) Since, according to learned counsel for respondent no.1, the amount under Award has been paid to respondent no.1/claimant, no orders are made pertaining to the amount under Award. JUDGE 3 /TA/