1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR. FIRST APPEAL NO.664 OF 2009. APPELLANT: Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Canal Division, Wardha, Tal.& Dist. Wardha. -VERSUS- RESPONDENTS: 1. Shri Kisan S/o Pandurang Thool, aged about 68 years, Occ- Agriculturist, R/o Ridhora, Tah. & Distt. Nagpur. 2. State of Maharashtra, 3. The Special Land Acquisition Officer, Kanholi Nallah Project, Nagpur. ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's Orders. Shri V.G. Palshikar, advocate for Appellant. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : 10/09/2009. 1. Parties state that in identical 2 situation, when the Acquiring Body (Present appellants) were not parties in Section 18 of Land Acquisition Act proceedings, by order dated 30-7-2009, this Court has disposed off the first appeal no.877 of 2009 and FAST No.18822 of 2007. It is also pointed out to us that Advocate Shri Kshirsagar who appears for the present Respondent no.1 also appeared for the respondent in those matters. 2. In the circumstances, we pass the identical order even in the present first appeal. 3. The judgment dated 10-1-2006 delivered by Jt. Civil Judge Senior Division, Nagpur in L.A.C. No.128 of 1999 is hereby quashed and set aside subject to appellant s depositing the amount as awarded therein with Trial Court by 31-12-2009. 4. If the amount is so deposited, the respondents are permitted to withdraw 3 50% of the amount and remaining 50% be invested in any Nationalize Bank initially for a period of one year. 5. After the amount is deposited, the present appellant is added as the defendant no.3 in Land Acquisition Case No.128 of 1999 and it shall file its written statement therein by 31-1-2010. 6. The Trial Court shall after written statement is filed decide the reference expeditiously and in any case by 31 st January 2011. 7. Rule accordingly. No costs. JUDGE JUDGE /Muley/