1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR F.A.NO.276 of 2010 Western Coalfields Ltd. ..vs.. Mahadeo Tukaram Khade (dead) through the L.Rs. Parvatibai wd/o Mahadeo Khade and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.A.S.Mehadia Adv. for the appellant. Mr.Wadodkar Adv. for the respondents C ORAM : C.L.Pangarkar, J. DATED : 30th March, 2010. Heard the learned counsel for the appellant and the respondents. This appeal is preferred by the Western Coalfields Ltd. Acquisition proceedings were started by the Government of Maharashtra for the acquisition of the land for the purpose of Western Coalfields Ltd. The Land Acquisition Officer had determined the compensation. A reference was made to the civil court. The civil court decided the reference by judgment and decree on 27/4/2001. Since the compensation was determined in the absence of the acquiring body i.e. the Western Coalfields Ltd., the acquiring body feels aggrieved and prefers this appeal. 2 The learned counsel for the appellant submits that the law is now well established that in every case an acquiring body must be a party before the reference court. He relies upon the decision reported in (2002)3 SCC 228 (Abdul Rasak and ors. ..vs.. Kerala Water Authority and ors.). From the said decision, it is apparent that an acquiring body is a necessary party and no compensation can be determined in the absence of the acquiring body. In the instant case the acquiring body was not made party to the reference proceedings. In the circumstances, I have no alternative but to set aside the award passed by the reference court and remit the matter back to the reference court. Accordingly the matter stands remitted back to reference court. The appellant is, therefore, directed to file an application before the reference court to join it as party in the proceedings. The civil judge before whom the reference is pending shall allow the present appellant to file a written statement in the matter. The civil judge shall also allow both the parties to tender documentary or oral evidence that parties may choose to tender before him. After such evidence is recorded, the learned judge is directed to decide the reference afresh in accordance with law. Since notification for acquisition is of the year 1988, the civil judge is directed to dispose of the said reference as early as possible and in any case within period of six months from the date of the order. JUDGE. chute 3