1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 927 OF 2010 WITH FIRST APPEAL NO. 1107 OF 2008 V. I. D. C. thr Executive Engineer Buldhana Vs. Gajanan Bhagwan Rokade & 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 N. P. Kalwaghe Adv for respondents 1 to 3. Smt. S. S. Jachak AGP for respondents 5 & 6. CORAM: .R. M. SAVANT J. Dated: 14 th FEBRUARY, 2011. The above First Appeal takes exception to the judgment and award dated 21.04.2006 passed in Land Acquisition Case No. 350 of 2000 by the Reference Court i.e. learned Civil Judge Senior Division Buldhana. It is an undisputed position that the appellant in First Appeal No. 927 of 2010 was not a party to the reference proceedings. In view of the law laid down in the case of U. P. Awas. Nigams case as well as the judgments of this Court 2 in First Appeal No. 177 of 2009 and companion appeals concerning the same project, the impugned award dated 21.04.2006 is required to be set aside and is accordingly set aside and the reference is remitted back to the Reference Court for fresh disposal by allowing the appellant in First Appeal No. 927 of 2010 to lead evidence, as also the other parties. In the First Appeal filed by the State the claimants have already withdrawn 75% of the decretal amount pursuant to the orders by this Court allowing them to so withdraw the amount. Said amount has been withdrawn on furnishing security to the satisfaction of the reference Court. The said withdrawal would therefore be subject to the result of the reference proceedings, on their remand. The security furnished by the claimant would have to be continued during the pendency of the reference on remand and till its disposal. The balance 25% of the decretal amount would lie deposited in the Reference Court pending the disposal of the appeal. First Appeal No. 1107 of 2008: Appeal filed by the State being First Appeal No. 1107 of 2008 concerns the challenge to the same award dated 21.04.2006. As per the amended Rules the counsel are ad idem that the same would lie before a learned Single Judge, hence papers are called for and the said appeal is heard along with the above First Appeal No. 927 of 2010. In view of the order passed in First Appeal No. 927 of 2010, as 3 above, the above First Appeal is also disposed of in terms of the said order. Both the Appeals are disposed of accordingly. JUDGE svk 4 5 6