1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6050 OF 2009 The Executive Engineer, Nandur Madhmeshwar Canal Division, Vaijapur, Tq. Vaijapur, Dist. Aurangabad. ....Petitioner. Versus 1. The State of Maharashtra through Collector, Aurangabad. 2. The Special Land Acquisition Officer, Jaikwadi Project No. 2, Collector Office, Aurangabad, Tq. & Dist. Aurangabad. 3. Gulabrao s/o. Ramrao Patil Salunke, Age 73 yrs., Occu. Agril., R/o. Vaijapur, Tq. Vaijapur, Dist. Aurangabad. ....Respondents. Shri. V.R. Sonwalkar, Advocate for petitioner. Shri. T.S. Lodhe, A.G.P. for respondent Nos. 1 and 2. Shri. P.F. Patni, Advocate for respondent No. 3. CORAM : R.K. DESHPANDE, J. DATE : 9th June, 2010. ORAL JUDGMENT : 1. This writ petition challenges the award passed under section 28 (A) of the Land Acquisition Act, 1894 by the learned Special Land Acquisition Officer, J.P.-2, Aurangabad on 16.10.2004. The petition is 2 preferred by the acquiring body, urging that the acquiring body has not joined as a party to the original proceedings of award under section 28 (A) of the Land Acquisition Act, 1894. 2. Notice in this matter was issued on 11th September 2009 for final disposal at the stage of admission. In response to the same, the learned A.G.P. Shri. T.S. Lodhe appears for respondent Nos. 1 and 2 whereas Shri. Patni appears for respondent No. 3. The learned counsel for the parties agree that the matter can be disposed of at this stage itself. Hence, Rule, made returnable forthwith. Heard by consent of parties. 3. The questions are, whether the acquiring body was necessary party in the award proceedings under section 28 (A) of the Land Acquisition Act and whether the award passed in absence of acquiring body is vitiated by the error of law. The matter is no longer Res-integra in view of the decision of the learned Single Judge of this Court delivered in Writ Petition No. 1649/2009 on 15th of April 2010 in the case of The Executive Engineer Vs. The State of Maharashtra, which is placed on record by the learned counsel for the petitioner and marked as "X" for identification. 4. In view of the judgment referred to above, the instant writ petition succeeds as it is not disputed by the parties that the acquiring body was not joined as a party to the award in the proceedings under section 28 3 (A) of the Land Acquisition Act. The award dated 16.10.2004 is, therefore, quashed and set aside and the matter is remitted to the Special Land Acquisition Officer for passing the award afresh after providing all the parties including present petitioner an opportunity to submit its pleadings and to lead the evidence. The petition is disposed of in above terms. No order as to costs. 5. The parties shall appear before the Special Land Acquisition Officer on 26th of July 2010. The Special Land Acquisition Officer shall make all the endeavour to dispose of the matter expeditiously, if there is no other impediment. [ R.K. DESHPANDE, J. ] ssc/wp6050.09