1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1075/2008. The Executive Engineer, Environmental Engineering, Works Division, Latur - APPELLANT VERSUS 1) Dastagir s/o Mahboob Mulani and others. - RESPONDENTS ***** Mr.DP Bakshi, Advocate for Appellant; Mr.SD Kaldate,AGP for Resp.No.2-State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 28th April, 2010. PER COURT : 1) Heard Mr.Bakshi for the appellant. During the course of submissions, he informs that the property, the subject matter of the Award, was acquired for the benefit of Municipal Council, Ausa District Latur. He further informs, any amount either of enhancement or otherwise payable to the claimant is not a responsibility of the appellant, such payments are to be made only by the acquiring body, viz. 2 Municipal Council, Ausa. 2) Since the claimant did not implead or array the acquiring body, though the Award of the Land Acquisition Officer refers the purpose of acquisition of the property for water supply scheme of Ausa Municipal Council, the mistake that has occurred, is causing inconvenience to the appellant and also added to it are the illegalities. 3) The learned Counsel informs, the Government of Maharashtra having realized the practical difficulties, issued the Guidelines dated 10th September, 2003 as to how the appellant should deal with and insist that the acquiring body should be necessarily made a party to meet the Land Reference or the claim of the landholder. 4) In this situation, the order under challenge needs and warrants interference. Accordingly the impugned order of enhancement is set aside. The matter is remanded back to the learned Ad hoc District Judge-1, Latur to decide afresh by impleading the acquiring body, the Municipal Council, Ausa, District Latur, as a party respondent in the said Land Reference, issuing notice and then taking up the matter. The 3 loss suffered in between, to meet the statutory benefits, being knowingly or otherwise by the acquiring body, they should not create any demur or grievance for the same. 5) The First Appeal allowed with above observations. The amount deposited by the appellant in this Court be remitted to it. No costs. (K.U.CHANDIWAL) JUDGE bdv/fa1075.08