-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.No.6870/2008 IN F.A.St.No.6791/2007 VIDC . - versus- Bhimrao Chakre C.A.No.6869/2008 IN F.A.St.No.6112/2007 Executive Engineer . - versus- Balkrishna Turankar ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 29, 2009. Heard Shri Patil, learned Counsel for appellant/applicant. Prayer is to condone delay of 518 & 436 days delay in filing Appeal under Section 54 of the Land Acquisition Act. It is brought to the notice of this Court that in earlier identical matter found that when acquiring body is not a party, the judgment of Reference Court stands vitiated. The matters have therefore, been remanded back for fresh consideration after joining VIDC as party. It is also pointed out that in all those matters, VIDC was directed to deposit the amount as awarded with the Reference Court. Learned A.G.P. for respondent no.2 has no objection for final disposal of the Appeals. -2- In the circumstances, subject to VIDC depositing the entire amount as awarded with Reference Court by 31.03.2009, the judgment dated 16.08.2005 and 27.10.2005 respectively in L.A.C.Nos.105/1994 and 644/2002 are hereby quashed and set aside. The matters are remanded back to the Trial Court for deciding the respective Land Acquisition Cases afresh. After the amount as mentioned above, is deposited with it, the Reference Court shall permit VIDC to be added as party respondent and thereafter VIDC shall file written statement, if any by 30.04.2009. The Reference Court shall endeavor to decide the above Land Acquisition Case Nos. 105/1994 and 644/2002 by 31.12.2009. If the amount is not deposited as mentioned above, the impugned judgment shall revive. Hence delay is condoned and the First Appeals are accordingly allowed. JUDGE Rgd.