- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE FIRST APPEAL NO.1041 OF 1997 in L.A.R. NO. 14 OF 1995 The State of Maharashtra ... Appellant (Orig.Respt) vs Shri Mahadeo Atmaram Naik & ors. .... Respondents (Orig.Claimants) .. Ms.Geeta Mulekar AGP for State and Ms Kiran Bagalia for Appellant no.2 Mr. D.B.Sawant for Respondent nos. 1 to 4 CORAM: P.B.MAJMUDAR AND R.V.MORE, JJ DATE: JULY 20, 2009 P.C. 1. Heard Ms.Mulekar, AGP, Ms.Bagalia for appellant no.2 and Mr.Sawant for the respondent nos. 1 to 4. It is not disputed by the respective counsel that the land belonging to the respondent nos.1 to 4 is acquired by the appellant No.1 State, for the appellant no.2 - Konkan Railway Corporation Ltd. It is further not disputed that the said Konkan Railway Corporation Ltd was neither impleaded nor were given any notice in reference filed by the respondents under section 18 of the Land Acquisition Act. In that view of the matter, and especially in view of the decision of the Apex Court in U.P.Awas Avam Vikas Parishad vs Gyan Devi, 1995 (2) SCC 326, the learned counsel appearing for the respective parties agree for remand of the matters to the trial court by setting aside the impugned order. First Appeal is accordingly disposed of by passing the following order : - 2 - ORDER ( i) The impugned award dated 22nd April, 1996 passed by the Joint Civil Judge, Senior Division, Ratnagiri at Sawantwadi in Land Acquisition Reference No.14 of 1995 is quashed and set aside. The matter is remanded back to the District Court at Oros at District Sindhudurg for a fresh decision. (ii) The respondent nos. 1 to 4 are at liberty to join the appellant-Konkan Railway Corporation as a party respondent to the reference and the District Court thereafter shall hear and dispose of the reference in accordance with law. Parties shall appear before the trial Court on 24th August, 2009. Needless to mention that the appellant as well as respondents are at liberty to adduce additional evidence if necessary. (iii) Ms.Bagalia, learned counsel for the Konkan Railway Corporation makes a statement that the entire amount of the award is already is deposited in the trial Court. She is at liberty to give an appropriate application to the trial Court. Having regard to the acquisition which was completed in the year 1994, the learned trial Judge shall dispose of the reference as expeditiously as possible and preferably within a period of six months from the date of receipt of this order by him. Office is directed to send back the Record and proceedings to - 3 - the trial Court forthwith. Civil Application does not survive and is disposed of accordingly. P.B.Majmudar, J R.V.More, J