1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.1010 OF 2007 AND CIVIL APPLICATION NO.2041 OF 2009. IN FIRST APPEAL NO.1585 OF 2008. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION VS. SMT. NANIBAI HATE AND OTHER Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. A. T. Mirza, AGP, Advocate for the applicant. CORAM : B.P.DHARMADHIKARI AND F.M.REIS, JJ Dated : 3rd AUGUST, 2009. 1. Advocate Shri V. G. Palshikar for the applicant/appellant informs that as per the orders of this Court dated 24-11-2008, the amount as per the impugned judgment in reference Court is already deposited with the Registry of this Court. He, therefore, states that the stay needs to be confirmed. He is apposing the prayers for grant of withdrawal. 2. Learned AGP opposed the argument of Shri Palshikar. 3. Advocate Smt. Rai for the respondents states that 50% of the amount as deposited should be allowed to be withdrawn as per the standard procedure. However, during hearing, it has transpired that the VIDC was not a party before the Reference Court, and as per the other orders passed by this Court, therefore, the proceedings need to be sent back to the reference Court i.e. the Court of the 9th Ad hoc Additional District Judge, Nagpur. Similar orders are passed by this Court in First 2 Appeal No.723 of 2007 and 110 of 2007 and also in other matters. 4. In the circumstances, the impugned judgment dated 29-4-2006 delivered in Land Acquisition Case No.60 of 1995 is hereby quashed and set aside, and the proceedings in the said Land Acquisition Case No.60 of 1995 is restored to the file of 9th Ad hoc District Judge for fresh trial according to law. 5. The appellant/applicant VIDC is impleaded as party defendant no.2 in those proceedings. VIDC to file his written statement before the said Court as early as possible and in any case by 16th November 2009 thereafter. 6. As the matter is very old, the proceedings in Land Acquisition Case No.60 of 1995 is expedited and the Court below is directed to decide it on merit as early as possible in any case within a period of one year. 7. The Respondent no.1 is permitted to withdraw 50% of the amount as deposited with the Registry of this Court after giving solvent surety. The balance 50% amount be invested in any nationalized Bank up to 15-11-2010. Same shall be disbursed as per the adjudication of the reference proceedings by the Reference Court. 8. Civil Applications are accordingly disposed of. JUDGE JUDGE /Muley/