21(1) FA NO. 450 OF 2008.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 21 FIRST APPEAL NO. 450 OF 2008 Salubai Bappaji Aage Died Through L.rs Sakubai Uttam Pawar VERSUS The State Of Maharashtra ... Mr. C. V. Thombare h/for Ms. Amita D. Chate, Advocate for Appellant Mr. S. B. Jadhav, AGP for Respondent/State …. CORAM : SANJAY A. DESHMUKH, J. DATE : 04.03.2026 ORAL JUDGMENT :- 1. This appeal is preferred against the judgment and award dated 09.01.2006 passed by the learned Land Reference Court, Beed in L.A.R. No.91 of 1995. 2. The learned AGP and the learned advocate for the appellants/claimants submitted that in several other appeals arising out of the same notification and award, the matters have been remanded to the Reference Court. They relied upon the judgments and orders passed in First Appeal No.189 of 2012 dated 23.07.2012, First Appeal (Stamp) No.14737 of 2010 dated 23.10.2015, First Appeal No.2680 of 2018 and connected matters dated 26.09.2018, First Appeal No.531 of 2016 dated 12.12.2018, and First Appeal No.280 of 2014 and connected matters dated 1 of 3 2026:BHC-AUG:9835 (( 2 )) 21(1) FA NO. 450 OF 2008 11.12.2019. It is submitted that since the acquiring body was not made a party before the Reference Court, those appeals were remanded. Therefore, the same course deserves to be adopted in the present appeal. 3. In view of the joint statement made by the learned advocate for the claimants and the learned AGP and considering the earlier judgments and orders passed by this Court, the appeal deserves to be allowed on condition to file written statement within two weeks from receiving of copy of this judgment and expeditious hearing and decision within six months. Hence, the following order: ::ORDER:: I. The first appeal is allowed. II. The impugned judgment and award passed by the learned Land Reference Court, Beed in L.A.R. No.91 of 1995 is set aside. III. The reference is remanded to the Land Reference Court for fresh decision with condition to add the Godawari Marathwada Irrigation Development Corporation (G.M.I.D.C.), the acquiring body, as a party respondent and granting both the sides an opportunity to lead evidence and additional evidence within a week. The Appellant shall add the said corporation by amending the said Reference application in reference proceedings. 2 of 3 (( 3 )) 21(1) FA NO. 450 OF 2008 IV. The acquiring body shall file written statement, if any within two weeks of receiving of judgment by trial court and pray for permission to cross-examine the witnesses and adduce evidence. The claimant shall also be entitled to adduce additional evidence, if any. V. The Reference Court is directed to conclude the trial within a period of six months from today by keeping the matter at least twice a week after one month from today. VI. Learned advocate for the appellant shall communicate this order to the concerned Trial Court. VII. If the evidence adduced by the claimant, either oral or documentary, is torned down, then the claimant shall be entitled to adduce fresh evidence. VIII. The parties to appear before the reference Court on 18.03.2026. IX. The advocates of both sides are directed to communicate this judgment to their clients within a week. [ SANJAY A. DESHMUKH, J. ] HRJadhav 3 of 3