1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO. 1890 OF 2008 WITH CIVIL APPLICATION NO. 3371 OF 1998 IN L.A.R. NO. 120 OF 1985 The State of Maharshtra and ors. ..Appellants Vs. Dawoodi Bohara Kabarastan Trust & ors. ..Respondents Mrs. G.P. Mulekar, AGP for appellants. Mr. Shriram S. Kulkarni for respondent nos.1 to 5. Mr. G.S. Hegde for respondent no.6. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. July 02, 2009. P.C. 1. Heard Mrs. Mulekar the learned AGP for the appellants. 2. Admit. The respondents waives service. 3. By consent of the parties, the appeal is heard finally forthwith. 4. This appeal arises from the award dated 22/12/1995 passed by the Reference Court in L.A.R. No. 120 of 1985 and the appeal has been waiting for last more than 10 2 years for admission. 5. The land was acquired by the Government of Maharashtra for the added respondent i.e. the Maharashtra State Road Transport Corporation and for the construction of S.T. Depot at Yeola, District Nashik. However, the added respondent was not party before the Reference Court. Mr. Hegde placed reliance on the following judgments of the Supreme Court and prayed that the reference is required to be remanded for fresh decision after impleading the Maharashtra State Transport Corporation through its Divisional Manager, Nashik Division: (a) U.P. Awas Evam Vikas Parishad vs. Gyan Devi [(1995) 2 SCC 326]. (b) Agra Development Authority vs. Special Land Aquisition Officer, [AIR 2001 SC 1992]. (c) NIPC Ltd. vs. State of Bihar and ors. [(2004) 12 SCC 926]. 6. Hence, we allow this appeal partly and quash and set aside the impugned award dated 22/12/1995. We hereby restore the L.A.R. No. 120 of 1985 to the file of the Reference Court i.e. learned Joint District Judge, Nashik and remand the same for de novo inquiry by adding present respondent no.6 as respondent no.2 in the Reference Application. Added respondent shall be given an opportunity to lead evidence and/or to cross examine the witnesses already examined by the claimants as well as by the State Government. Undoubtedly, the claimants also will have the right to lead additional evidence, if so desired. The parties to appear before the Reference Court on 27/7/2009 and in case the added respondent desirous to file Written Statement before the 3 Reference Court, the same shall be done by 7/8/2009. The Reference, on remand, shall be heard and decided as expeditiously as possible and in any case before 31/12/2009. No order as to costs. 7. Writ and R & P to go to the Reference Court forthwith. 8. Civil Application No. 3371 of 1998 does not survive and the same shall stand disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)