1 F.A.No.2074/10 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.2074 OF 2010. 1. Damu S/o Babu Swami, Age 30 years, Occ.Agri., 2. Ram S/o Babu Swami, Age 26 years,Occ.Agri., Both R/o Samudral, Tq. Omerga, Dist. Osmanabad. ... Appellants. Versus The State of Maharashtra through Collector, Osmanabad. ... Respondent. ... Mr.A.B.Kale, advocate for the appellants. Mr.S.N.Kendre, Asstt. Govt. Pleader for the State. ... CORAM : S.V.GANGAPURWALA,J. Date : 22.03.2011. 2 F.A.No.2074/10 ORAL JUDGMENT : 1. Heard. 2. Admit. 3. Taken up for final hearing with the consent of the parties. 4. The present appellants are the original claimants who had filed a Reference U/s 18 of the Land Acquisition Act, being dissatisfied with the compensation awarded by the SLAO. The Reference Court rejected the said reference on the ground that no evidence was led by the present appellants to prove the claim as made by them. 5. Mr.Kale, learned counsel for the appellants submits that the appellants are rustic villagers who reside in remote village. They could not receive the communication from their lawyer about the dates and as such could not remain present. It is submitted by the learned 3 F.A.No.2074/10 counsel that an opportunity be granted to them as their source of livelihood has been taken away. 6. Learned Asstt. Govt. Pleader submits that ample opportunities were granted to the appellants. Even the Court had issued notice to the appellants as they did not remain present. As no evidence was available, the Reference Court rightly rejected the said Reference. 7. No doubt, it is not a case that no opportunity was given to the appellants. As appellants were not appearing before the Court, the Court had also suo-motu issued notice to the appellants to remain present. At the same time, it can not be lost sight of the fact that the appellants are residing in remote village. They are illiterate and rustic persons who would not be aware of the procedural intricacies. In that light of the matter, I am inclined to award one more opportunity to the appellants to adduce evidence to prove their case. 8. In view of the above, the impugned 4 F.A.No.2074/10 judgment is quashed and set aside with direction that the Reference Court shall allow the appellants to adduce evidence. The parties shall appear before the Reference Court on 6.4.2011. The Reference Court shall thereafter decide the said Reference within a period of six (6) months, after affording the respective parties an opportunity to adduce evidence. The First Appeal is disposed of with aforesaid directions. No costs. (S.V.GANGAPURWALA,J.) asp/office/fa207410