1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 174 OF 1998 with CIVIL APPLICATION NO.9033 OF 1999 The State of Maharashtra ....Appellant Versus Shri Ramdas Dasharath Patil & Anr. ....Respondents Mrs. Geeta Mulekar, AGP for the Appellant. Mr. P. N. Joshi for Respondent No.1. Mrs. A. R. S. Baxi for the Respondent No.2. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 13th AUGUST, 2009. P.C. Heard Mrs. Mulekar, leanred AGP for the Appellant, Mr. Joshi, learned Counsel for the Respondent No.1 and Mrs. Baxi, learned Counsel for the Respondent No.2. 2. The Appeal arises out of an Award passed by the learned Joint District Judge, Nashik in reference under section 18 of the Land Acquisition Act. It is not disputed that the land of Respondent No.1/Original Claimant was acquired for construction of staff quarters for the Respondent No.2. It is further not disputed that the Respondent No.2 was neither given any notice nor joined as a party-Respondent in reference under section 18 before the District Court. In view of the above admitted position and especially, in view of the judgment of the Apex Court in the case of U.P. Awas Evem Vikas Parishad V/s. Gyan Devi, 1995 (2) SCC 326, the learned Counsel for the respective parties agrees for remand of the matter to the Trial Court for disposal afresh. 2 In the above facts and circumstances, the Appeal is being disposed of, by passing the following order: 1. The impugned judgment and award is quashed and set-aside and the matter is remanded back to the learned Joint District Judge, Nashik for hearing afresh after providing an opportunity to Respondent No.2- Acquiring Body to adduce evidence and/or cross-examine the witnesses already examined by the claimant as well as the State Government. Needless to mention that the claimant will also have the right to adduce additional evidence, if necessary. 2. The parties to appear before the Trial Court on 7th September, 2009 at 11.00 a.m.. The Trial Court shall dispose of the reference expeditiously as possible and in any case within a period of six months from the date of the receipt of this order. 3. The Registry is directed to send the writ alongwith the record and proceedings back to the Reference Court forthwith. 4. It is expressly made clear that if the amount of compensation is attached in any proceedings taken out by the Central Bank of India, then that order shall remain unaffected. 3. The parties to the First Appeal undertake that they will not seek unnecessary adjournments before the Reference Court and go on with the matter as per the date fixed by the Reference Court. The parties to bear their own cost. 4. In view of the disposal of the First Appeal, the Civil Application No.9033 of 1999 will not survive and therefore, the same is disposed of. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)