1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A. No.8395/2007 in FA St. No.12235/2007 [VIDC .vrs. Vijay Shankarrao Husukale and others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Coram : B.P. Dharmadhikari, J. Dated : 11 th February, 2009. The parties were heard on 9.2.2009 but orders could not be passed as the learned counsel for the respondent no.1-land owner wanted to find out whether the State Government has filed any appeal independently. Today Advocate Kshirsagar appearing for respondent no.1-land owner states that no such appeal has been filed. The prayer for condoning the delay of 815 days is on account of the fact that the VIDC is not party before the reference court and hence the knowledge of the award was absent and, thereafter, time was taken for procuring the documents. In view of the earlier orders passed by this Court, the learned counsel for respondent no.1-land owner states 2 that if the amount as awarded is deposited by VIDC before the reference court, the reference is decided within stipulated time, Respondent no.1 has no objection to condone the delay and also to remand all the matters to the reference court. This court has in similar matters earlier condoned the delay and has remanded the matter back to the reference court for fresh adjudication after including VIDC as party. Hence subject to VIDC depositing the amount granted by the reference court within stipulated time with the reference court, the delay is condoned. Office to register first appeal st. no.12235/2007. The appellant has filed C.A. No.8396/2007 seeking leave to file appeal. In view of the above legal position, civil application is allowed. As already mentioned above, as VIDC is not party, the judgment of reference court dated 31.1.2005 stands vitiated. Accordingly, the said judgment delivered in Land Acquisition Case No.144/1997 by 11th Adhoc Additional District Judge, Nagpur is hereby quashed and set aside. The Respondent no.1-land owner is directed to join VIDC as party respondent in the said land acquisition case by 31.3.2009 and VIDC to appear in those proceedings before 3 reference court on 31.3.2009. After VIDC is added as party, VIDC to deposit the amount as per the judgment dated 31.1.2005 by 30th April, 2009 and also to file its written statement, if any, on merits. After the amount is so deposited and written statement is so filed, reference court is directed to decide Land Acquisition Case No.144/1997 as early as possible and in any case by 31st October, 2009. If the amount is not deposited by VIDC, the respondent no.1-land owner is free to recover the said amount through process of court in accordance with law. First Appeal is allowed accordingly. No costs. JUDGE Gulande