1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 354 OF 2008 Executive Engineer vs. Gangadhar Narayanrao Nimat & Ors. 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. APRIL 22, 2008. This Court has on 15.4.2008 indicated that First Appeal shall be disposed of finally at the stage of admission itself, if it is otherwise convenient to Court. It was pointed out to this Court then that acquiring body i.e. present appellant was not joined as party in Reference proceedings under Section 18 of Land Acquisition Act. Shri Patil, Advocate for the acquiring body – appellant informs that in identical matters, this Court has remanded the matters back to Reference Court with direction to the Reference Court to decide the matters afresh after giving an opportunity to the acquiring body and the same were expedited. Shri Lambat, Advocate for respondent No.1 states that though as per change in law, joining of acquiring body has became essential, the 2 respondent cannot be blamed for not joining the acquiring body. He further states that if this Court wants to show indulgence in the matter, at least 50% of the amount as awarded by the Reference Court should be directed to be paid to Respondent No.1. Shri Mirza, Advocate supports the arguments of Shri Patil, Advocate for the appellant. In brief reply, Shri Patil, Advocate states that to show bonafide, the acquiring body is ready and willing to deposit some amount before the Reference Court provided it is not allowed to be withdrawn by Respondent No.1. However, in view of the settled law, as acquiring body was not party before the Reference Court and it did not get an opportunity to cross examine the respondent i.e. land owner, the impugned judgment of Reference Court dated 20.8.2001 delivered in Land Acquisition Case No.77 of 1993 requires to be quashed and set aside. However, in view of the fact that the proceedings were initiated in 1993, I am inclined to direct the appellant to deposit 50% of the amount as awarded, with the Reference Court by 30.06.2008. If the amount is so deposited, the Reference Court shall invest it in any Nationalised Bank initially for a 3 period of six months. Subject to such deposit, the impugned judgment and award delivered by Reference Court i.e. Joint Civil Judge, Senior Division, Yavatmal, in Land Acquisition Case No.77 of 2006 is quashed and set aside. The Reference proceedings in the case are restored back to file of Joint Civil Judge, Senior Division, with direction to permit the acquiring body to file written statement on record and to decide the proceedings finally as early as possible and in any case by 31st December 2008. By this order, the appellant acquiring body is added as Respondent No.4 in LAC No.77 of 1993. After the amount as directed by this Court is deposited, the acquiring body is permitted to carry out necessary amendment in Reference Application before the trial Court. After the amendment is carried out, the acquiring body shall file its written statement by 15.7.2007. The Court shall then proceed further to adjudicate the matter on merits as mentioned above. Thus, First Appeal is partly allowed. No order as to costs. JUDGE *GS.