1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 740 OF 2009 & CAF NO. 465 & 468 OF 2009. The Executive Engineer Minor Irrigation Vs. Panchaphula Martand Pachange & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri A. B. Patil Adv for appellant. Shri V. K. Paliwal Adv for respondents. CORAM: C. L. PANGARKAR J. DATED: 7 th AUGUST, 2009. Heard. 2. Admit. 3. All these appeals are taken up for disposal since they arise out of the same acquisition proceedings. Learned counsel for the respondent No. 1 waives notices in all these appeals. 4. The land acquisition proceedings were started in the instant case for a project known as 2 Mohgavan Tank in Akola District. Notification under Section 4 was issued. Compensation was determined by Land Acquisition Officer. Claims sought referred to Civil Court. Learned counsel for the appellants submits that appellant ought to have been made party to the reference proceedings in view of the fact that appellant is an acquiring body. In view of the decision reported in U. P. Awas Evam Vikas Parishad Vs. Gyan Devi (Dead) By Lrs. And others 1995(2) Supreme Court Cases 326, it is necessary to make acquiring body party to the reference. In view of the fact that appellant was not made party to the reference proceedings it has become necessary to remit the matter back to the reference Court. In view of this the following order is passed: All appeals are allowed. Impugned judgment and award passed by the trial Court are set aside. Land Acquisition Proceedings stand remitted back to the reference Court for fresh disposal in accordance with law. Civil Judge shall allow the acquiring body 3 to file its Written Statement and examine the witnesses if it so desires. After the Written Statement is filed the reference Court may proceed to record the evidence of the parties. Parties are directed to appear before the reference Court on 27.08.2009. As far as possible the matter may be decided within a period of six weeks. JUDGE svk