FA 583/08 1 Judgment IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. First Appeal No. 583/2008 Vidarbha Irrigation Development Corporation through it Executive Engineer, Medium Project Division Nagpur. APPELLANT .....VERSUS..... 1. Shri Rambhau s/o Baliram Bele, Aged- about 70 years, Occ. Agriculturist, r/o Mangalwari Peth, Umrer, Dist.- Nagpur. 2. The State of Maharashtra, the Collector, Nagpur. 3. Special Land Acquisition Officer, Minor Irrigation Works, Nagpur. 4. The Executive Engineer, Minor Irrigation Works, Nagpur. RESPONDENTS Shri V.G. Palshikar, counsel for the appellant. Shri A.D. Sonak, Assistant Government Pleader for the respondent no.2 to 4. CORAM: SMT.VASANTI A.NAIK, J. DATE : 30 th JULY, 2008. ORAL JUDGMENT Heard Shri Palshikar, the learned counsel for the appellant and Shri Sonak, the learned Assistant Government Pleader for the respondent nos.2 to 4. None appears on behalf of respondent no.1, though notice of final disposal was issued to the respondents by the order dated 18.06.2008. FA 583/08 2 Judgment 2. Since the appellant Vidarbha Irrigation Development Corporation, the acquiring body, was not made a party in the reference proceedings bearing Land Acquisition Case No.156/2003, it is necessary to set aside the impugned judgment passed by the reference Court on 02.07.2005 and remand the matter to the reference Court for disposal in accordance with law. 3. For the reasons recorded in the judgment dated 18.06.2008 passed in First Appeal No.979/2007 and the other connected first appeals, the appeal is allowed. The judgment passed by the reference Court on 02.07.2005 is hereby set aside. The case is remanded to the reference Court for fresh disposal in accordance with law. 4. The appellant is permitted to be impleaded as party respondent/non-applicant. The Corporation may be joined as a party non-applicant either on an application of the respondent/claimant or on the application of the appellant-Corporation itself. 5. Since the reference case was pending before the reference Court for a long period, it would be just and proper to direct the FA 583/08 3 Judgment reference Court to decide the reference case at the earliest and positively within a period of six months from the date of the appearance of the parties. 6. In this view of the matter, it would be necessary for the reference Court to issue notice to all the parties including the Vidarbha Irrigation Development Corporation to appear before the reference Court. It is, however, made clear that the Corporation should not try to protract the proceedings filed by the claimants for enhancement of compensation as the matter is being remanded to the reference Court on an appeal filed by the Corporation. 7. The appeal is allowed in the aforesaid terms with no order as to costs. JUDGE APTE