1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 6549 OF 2008 IN FIRST APPEAL ST. NO. 9105 OF 2008 (VIDC vs. Smt. Bhagirathi Shriram Solanke & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 21, 2009. Heard Shri Patil, learned counsel for the appellant. The prayer is to condone delay of 365 days in filing First Appeal under Section 54 of Land Acquisition Act. He states that the acquiring body was not party before the lower Court. The affidavit shows that when demand was made by the State Government, it got the knowledge. In the circumstances, delay is condoned. CA NO. 6550 OF 2008 WITH FA ST. NO. 9105/2008 Heard with the consent of Shri Patil, learned counsel for the appellant and Shri Abbasi, learned counsel for respondent No.1. Shri Abbasi, learned counsel states that if the enhanced compensation amount is deposited by the appellant/ applicant, he has no objection for sending the matter back to the Reference Court. Shri Patil, learned counsel states that the 2 amount will be deposited within 10 weeks from today. This Court has already held that when the acquiring body is not joined as party, the adjudication by Reference Court is vitiated. In the circumstances, the impugned judgment dated 15.3.2007 in LAC No. 384 of 2000 delivered by the Joint Civil Judge, Senior Division, Buldhana is hereby quashed and set aside. However, the same is subject to depositing enhanced amount of compensation by the appellant with interest till date with the Reference Court by 16.3.2009. If the amount is so deposited, Reference Court shall permit the acquiring body to be impleaded as party and allow it to file reply and shall proceed further with the Land Acquisition Case. If the amount of compensation is not deposited, the judgment delivered on 15.3.2007 shall stand revived. First Appeal St. No. 9105 of 2008 is, thus allowed with no order as to costs. JUDGE *GS.