1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 1210 OF 2010 [V.I.D.C. Thr. its Executive Engineer Buldhana Vs. Ramrao Shripat Kale & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. B. Patil, Adv for appellant. Shri Kadu, AGP for respondents 2 & 3. CORAM: .R. M. SAVANT J. Dated: 14 th JANUARY, 2011. Heard Shri Patil learned counsel for the appellant, Shri Kadu learned AGP for respondents 2 and 3. None appears for respondent no.1. Appeal has been filed challenging the award of the Reference Court dated 02.05.2009 in Land Acquisition Case No. 99 of 1998. The appellant is the acquiring body who was not a party before the Reference Court and admittedly no notice is issued to it in the land acquisition proceedings. In the light of the authoritative pronouncement of the Apex Court in U. P. Awas Nigams case as well as the judgments of this Court in 2 First Appeal No. 177 of 2009 and companion appeals involving the present applicant as also the judgment of the Division Bench of this Court in First Appeal No. 93 of 2010 dated 04.05.2010 the above appeal would have to be allowed on the short ground that since the acquiring body was not made a party it had no opportunity to participate in the said proceedings and contest the said reference application; and resultantly the impugned award is unsustainable. The impugned award of the Reference Court would therefore have to be set aside and is accordingly set aside and the matter is remanded back to the Reference Court for a de novo decision after permitting the appellant to be impleaded as a party to the proceedings and after allowing the parties to led fresh evidence. Appeal allowed. JUDGE svk 3 4 5