1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.1160 OF 2010. Ramdas Paulad Patil ... Appellant. Versus The Special Land Acquisition Officer, Uppar Tapi Prakalp, Jalgaon and another ... Respondents. ... Mr.Bhokarikar M.M. advocate for the Appellant. ... CORAM : S.V.GANGAPURWALA,J. Date : 13.09.2010. PER COURT 1. The present appellant had filed Reference U/s 18 of the Land Acquisition Act, bearing Land Acquisition Reference No.12/1996. The land of the appellant was acquired. The appellant being not satisfied with the amount 2 granted under the award preferred a Reference. During the proceedings, the appellant remained absent. Thereafter notice was issued to the applicant on Court motion. As the address of the applicant had changed, the notice could not be served and the applicant did not remain present. In absence of the applicant and any evidence on record, the Court dismissed the Reference. The appellant has assailed the said award passed by the Reference Court. 2. Mr.Bhokarikar, learned counsel for the appellant submits that the applicant could not remain present before the Reference Court. The Reference was filed in the year 1995, before the Collector and it was transmitted to the District Court. The appellant could not receive the notice of the Court and as such could remain present. In the meantime, the address of the appellant also changed. 3. He submits that as the invaluable rights of the appellant are involved in respect of compensation on account of the acquisition of 3 his agricultural land which was the source of his livelihood. He submits that a liberal approach needs to be taken. 4. Mr.Kutti, learned counsel for the Respondent No.2 and Mrs.Ladda, learned Asstt.Govt. Pleader for the Respondent NO.1 vehemently oppose the request of the learned counsel for the appellant to remand the matter. Mr.Kutti, learned counsel submits that no cause much less a sufficient cause has even been spelt out by the appellant. It was the duty of the appellant to prosecute the matter. As he remained absent, no benefit can be given to the appellant. 5. Perusal of the judgment is manifest that though the Reference was filed in the year 1995, it was decided only in the year 2010. As the matter was not being taken up by the Court for long time, the Court suo-motu issued notice to the appellant but as the appellant has changed his address, the notice could not be served, interalia, the appellant could not appear before the Court. In view of the fact that the matter 4 was pending for a long slumber of 15 years, the total fault can not be attributed to the appellant for being absent. In such circumstances, it is desirable that the matter is decided on merits and the appellant be given an opportunity to adduce his evidence. 6. In light of the above facts and circumstances, I allow the appeal, set aside the judgment and award passed by the Reference Court and relegate the parties to the Reference Court. The parties shall appear before the Reference Court at Amalner, in LAR No.12/1996 on 4.10.2010. The First Appeal is disposed of accordingly. (S.V.GANGAPURWALA,J.) asp/office/sa221.01