1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.755 OF 1998 IN L.A.R. NO.14 OF 1988 The State of Maharashtra, through the Special Land Acquisition Officer, Irrigation No.I, Nashik ..Appellant. Vs. 1. Mr.Khanderao Balwantrao Deshmukh(since deceased, through heirs) ..Respondents. Mr.A.R. Patil, AGP for the Appellant. Mr.P.N. Joshi for Respondent nos.1 to 20. Mrs.Sunanda R. Kumbhat for Respondent no.21. WITH FIRST APPEAL NO.785 OF 1998 1. Mr. Khanderao Balwantrao Deshmukh(since deceased, through heirs) ..Appellants. Vs. The State of Maharashtra ..Respondent. Mr.P.N. Joshi for the Appellants. Mr.A.R. Patil, AGP for the Respondents. 2 CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 6TH MAY, 2009 P.C. :- 1. These Appeals, filed under section 54 of the Land Acquisition Act, 1894 arise from the award dated 7.8.1997 passed by the Joint District Judge, Nashik in Land Acquisition Reference No.14 of 1988. 2. The State Government is aggrieved by the enhanced rate granted by the reference court and Original Respondent nos.9 to 20 were the Claimants before the reference court. Their land came to be acquired by the State Government at the behest of Respondent no.21, Sinnar Nagar Parishad, Dist. Nashik, for the construction of vegetable market. 3. Admittedly, Respondent no.21 was not impleaded as an additional Respondent before the reference court. Nor was he issued any notice by the reference court before the impugned award was passed. It is therefore submitted by the learned counsel for Respondent no.21 that the Nagar Parishadis required to give an opportunity for enhancement of compensation granted under section 18 of the Act and a fresh application is required to e done on the demand made by the land owners, after providing an opportunity to the Nagar Parishad to adduce evidence and/or cross-examine the Claimant’s witnesses. 4. The learned counsel for the Nagar Parishad has placed reliance on 3 the decisions in the case of :- i) U.P. Awas Evam Vikas Parishad v. Gyan Devi (1995)2 SCC, 326; ii) Agra Development Authority v. Special Land Acquisition Officer, AIR 2001, SC, 1992; iii) NTPC Ltd. v. State of Bhihar & Ors., (2004) 12 Supreme Court Cases, 926. 5. Hence, by consent of the parties, we allow these Appeals partly and quash and set aside the impugned award dated 7.8.1997 passed in Land Acquisition Reference No.14 of 1988. 6. Land Acquisition Reference No.14 of 1988 is hereby restored to the file of the reference court and, on its restoration, Respondent no.21 shall be added as Respondent no.2 in the reference application. 7. The reference shall be decided afresh after giving an opportunity to the Nagar Parishad to adduce evidence and/or to cross-examine the witnesses already examined by the Claimants as well as the State Government. Needless to mention, the Claimants will also have an opportunity to lead additional evidence, if so required. 8. The parties to appear before the reference court on 12.6.2009 at 11.00 a.m. and the reference on restoration shall be decided as expeditiously as possible and, in any case, by 31.10.2009. 9. We record the undertaking of the parties that they would not seek 4 unwarranted adjournments before the reference court and go on with the reference as per the time schedule fixed by the reference court. 10. The writ alongwith the R & P to go in the reference court forthwith. 11. The interim orders passed by this Court for deposit/withdrawal of the award amount will continue to operate and the withdrawal will be subject to the final outcome on remand. 12. Parties to bear their own costs. 13. Refund as per rules. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)