(1) FA. 569.2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 569 OF 2004 The State of Maharashtra and anr. .. Appellants VERSUS Gangadhar Bhau Gadhave and anr. .. Respondents WITH CIVIL APPLICATION NO. 11203 OF 2008 IN FIRST APPEAL NO. 569 OF 2004 Gangadhar Bhau Gadhave .. Applicant VERSUS The State of Maharashtra and anr. .. Respondents Mrs. V.A. More, AGP for the appellant no.1-State Mr.Deepak P. Bakshi, Advocate for the appellant no.2 Mr. K.S. Bhore, Advocate for the respondent no.1 CORAM : A.V. NIRGUDE, J. DATED : 8TH JANUARY, 2010 ORAL ORDER:- 1] Heard. The learned Advocates appearing for the parties stated that though, the land in question was acquired for the benefit of the village Panchayat Ekrukha, Tq. Kopargaon, Dist. Ahmednagar, it was not a party to the land acquisition reference (2) FA. 569.2004 which was decided by the lower Court and in which, the impugned award has been passed. Rather belatedly during the present proceedings, this fact was brought to the notice of the Court and an attempt was made to bring before the Court the acquiring body namely the Gram Panchayat of Ekrukha. It is also noticed that despite of such order making the Sarpanch as party to the present proceedings, none appeared for the Gram Panchayat. In view of the Government circular dated 10.9.2003, the respondent no.1 as well as respondent no.2 should not have been made parties to the land acquisition reference proceedings. Instead it was necessary that the State of Maharashtra through the Collector, Ahmednagar, the Land Acquisition Officer as well as the Gram Panchayat of village Ekrukha should have been made parties to the proceedings. All these three parties were not before the Court when the impugned award was passed. 2] In view of this, the impugned award deserves to be set aside and the matter deserves to be remanded back for fresh trial. Needless to state that the above indicated three parties are required to be joined, deleting the present respondents. The lower Court shall decide the reference within one year from the date of receipt of this order. In view of this, the amount deposited by the appellant no.2 in the Court shall be refunded to (3) FA. 569.2004 her. First Appeal stands disposed of. Consequently, Civil Application no. 11203 of 2008, seeking withdrawal of the amount also stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp