The above applications and the Appeals were on board on 13.01.20 II when none had appeared on behalf of the respondent! Respondents / claimants, and hence the matters were adjourned for today. When the matters are called out today, the same position continues and none appears for the contesting respondent/ respondents/ claimants, hence this Court is constrained to proceed with the matters in their absence. By order dated 29.10.20I0 the respondents in the above matters were put to notice that the appeals may be heard and decided finally at the stage of admission, in view of the connected issues that arises in all the above Appeals.

2. By the above Civil Applications, the applicants i.e. the acquiring body seeks condonation of delay caused in filing the First Appeals. The lands in question have been acquired for 'Pentakli Minor Irrigation Project'. No affidavit in reply has been filed on behalf of the respondents/claimants, hence the case put up by the applicants for condonation of delay, has gone uncontroverted and would therefore, have to be accepted, resultantly, the delay in filing the above appeals would therefore, have to be condoned. Civil Applications are accordingly allowed and disposed of.

ON MERITS.

3. By consent of Shri A.B. Patil, the learned Counsel appearing on behalf of the appellants - acquiring body and Ms. S. lachak and Shri S.Bhagade, learnedA.G.Ps. appearing in the respective matters, the appeals are taken up for hearing. Admit. Heard forthwith.

4. The above First Appeals arise out of Awards of the Reference Court granting enhancement to the respondent/respondents/ claimants. It is an undisputed position that the appellant was not a party before the Reference Court. In the light of the authoritative pronouncement of the Hon'ble Apex Court in V.P. Avas Evam Vikas Parishad Vs. Gyan Devi [Dead] by Lrs and others reported at 1995 [2] SCC 326, as also the judgment of this Court in Vidarbha Irrigation Development Corporation, Buldhana Vs. Sadanand Damodhar Mawale and others reported at 2010 [3] Mh.L.J.581, concerning

The same acquiring body. The impugned Awards in each of the First Appeals are unsustainable and are therefore, required to be set aside and are accordingly set aside. The matters are remanded back to the Reference Court for a denovo consideration by allowing the appellant to be impleaded as party in the reference proceedings and permitting the parties to lead fresh evidence. The above appeals are accordingly allowed, with no orders as to costs. Order accordingly.