Bombay High Court at Goa Dismisses Appeals for Non-Prosecution in Land Acquisition Compensation Dispute. Appeals by Land Acquisition Officer and Claimants Dismissed Due to Absence of Claimants' Counsel.

High Court: Bombay High Court Bench: GOA
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Case Note & Summary

The judgment pertains to four first appeals arising out of the same notification under Section 4 of the Land Acquisition Act, 1894, concerning acquisition of land. The appeals were filed by both the Land Acquisition Officer and the claimants against the award of compensation. The court noted that the counsel for the claimants/respondents was absent on multiple occasions. On the date of hearing, the counsel for the claimants was absent despite repeated calls. The Additional Government Advocate for the appellants was present. The court, finding no representation for the claimants, dismissed all four appeals for non-prosecution. The court did not delve into the merits of the compensation or the acquisition process.

Headnote

A) Civil Procedure - Dismissal for Non-Prosecution - Appeals dismissed for non-prosecution as counsel for claimants remained absent despite repeated calls - Held that appeals are dismissed for non-prosecution (Para 3).

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Issue of Consideration

Whether the appeals should be dismissed for non-prosecution due to absence of the respondents/claimants' counsel.

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Final Decision

All four appeals are dismissed for non-prosecution.

Law Points

  • Dismissal for non-prosecution
  • Land acquisition compensation
  • Common judgment
  • Section 4 Land Acquisition Act 1894
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Case Details

2010 LawText (BOM) (09) 130

First Appeal No.154 of 2003, First Appeal No.157 of 2003, First Appeal no.155 of 2003, First Appeal no.159 of 2003

2010-09-23

A. P. Lavande

2010:BHC-GOA:2371

Ms. Sapna Mordekar, Additional Government Advocate for the appellants (in FA 154/2003 and FA 155/2003) and for the respondents (in FA 157/2003 and FA 159/2003); Mr. P.G.S. Gaitonde, Advocate for the respondents (in FA 154/2003 and FA 155/2003) and for the appellants (in FA 157/2003 and FA 159/2003) absent.

Land Acquisition Officer, P.W.D. (Cell), Altinho, Panaji, Goa and The Executive Engineer, Works Div. II, P.W.D., Panaji (in FA 154/2003 and FA 155/2003); Shri Shyamsudnar Shripad Porob Sinari and others (in FA 157/2003); Shri Laxmikant V. Sinari and another (in FA 159/2003)

Shri Shyamsudnar Shripad Porob Sinari and others (in FA 154/2003); The State through Land Acquisition Officer and Executive Engineer (in FA 157/2003); Shri Laxmikant V. Sinari and another (in FA 155/2003); Land Acquisition Officer and Executive Engineer (in FA 159/2003)

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Nature of Litigation

Appeals against compensation award in land acquisition matters.

Remedy Sought

The Land Acquisition Officer sought reduction of compensation; the claimants sought enhancement of compensation.

Filing Reason

Dissatisfaction with the compensation awarded by the Land Acquisition Officer under the Land Acquisition Act, 1894.

Issues

Whether the appeals should be dismissed for non-prosecution due to absence of the claimants' counsel.

Submissions/Arguments

The Additional Government Advocate for the appellants was present. The counsel for the claimants/respondents was absent.

Ratio Decidendi

When the counsel for the claimants/respondents remains absent despite repeated calls, the appeals are liable to be dismissed for non-prosecution.

Judgment Excerpts

All these four appeals are being disposed of by common judgment since they arise out of the same notification issued under Section 4 of the Land Acquisition Act. Vide notification dated 24/10/1992 issued under Section 4 of the Land Acquisition Act 1894... In the circumstances, all these appeals are dismissed for non-prosecution.

Acts & Sections

  • Land Acquisition Act, 1894: Section 4
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High Court Bombay High Court at Goa Dismisses Appeals for Non-Prosecution in Land Acquisition Compensation Dispute. Appeals by Land Acquisition Officer and Claimants Dismissed Due to Absence of Claimants' Counsel.