Case Note & Summary
The petitioner, Mukund s/o Bhimrao Kalshetti, owned land bearing Survey No. 36/2 admeasuring 45 R at village Shivani Kotal, Tq. Nilanga, District Latur, which was acquired by the respondent authorities for the Masalga Medium Project. The Land Acquisition Officer published a notice under Section 4 of the Land Acquisition Act, 1894, and passed an award. The petitioner withdrew the compensation amount on 17.9.1992 under protest and thereafter filed references under Section 18 before the Collector, which were transmitted to the court of the Civil Judge, Senior Division, Nilanga, and numbered as L.A.R. No. 493 of 1998 (Old No. 68 of 1994) and L.A.R. No. 494 of 1998 (Old No. 69 of 1994). The respondents opposed the references by filing written statements. The petitioner sought adjournments to submit evidence, which were granted on three occasions. However, on 28.1.2010, when the matter was listed, the petitioner's advocate was not feeling well due to heart disease and had filed a leave note on 12.1.2010 itself, requesting leave from 15.1.2010 to 17.2.2010, which was sanctioned by the District Judge and circulated to the court. Despite this, the learned Civil Judge, Senior Division, Nilanga, proceeded to decide the matter exparte and dismissed the references without any evidence. Aggrieved, the petitioner filed Civil Revision Applications No. 161 of 2010 and 162 of 2010 before the Bombay High Court, Aurangabad Bench. The High Court heard the counsel for both sides. The petitioner's counsel argued that the impugned order was without application of mind and against principles of natural justice, and that the references ought to have been decided on merits. Reliance was placed on Kawadu Madhav Bansod v. State of Maharashtra, 2004(4) Bom.C.R. 495. The court found that the lower court had erred in dismissing the references exparte despite the advocate's sanctioned leave, and that the dismissal was contrary to principles of natural justice. The High Court allowed the revision applications, set aside the impugned order dated 28.1.2010, and restored the Land Acquisition References to the file of the Civil Judge, Senior Division, Nilanga, with a direction to decide them on merits within six months. The parties were directed to appear before the lower court on 29.11.2010.
Headnote
A) Land Acquisition - Reference under Section 18 - Dismissal for Default - Principles of Natural Justice - The Civil Judge, Senior Division, Nilanga dismissed L.A.R. Nos. 493/1998 and 494/1998 exparte on 28.1.2010 despite the petitioner's advocate having filed a leave note on 12.1.2010 due to heart disease and being on sanctioned leave from 15.1.2010 to 17.2.2010. The court proceeded without considering the leave note and without any evidence. Held that the dismissal was against principles of natural justice and the matter must be restored for hearing on merits (Paras 3-7). B) Civil Procedure - Adjournment - Sufficient Cause - Advocate's Illness - The court below granted adjournments on three occasions but on the final date, the advocate was on sanctioned medical leave. The court ought to have adjourned the matter or considered the leave note. Reliance placed on Kawadu Madhav Bansod v. State of Maharashtra, 2004(4) Bom.C.R. 495, where similar facts led to setting aside of dismissal. Held that technicalities should not defeat substantive justice (Paras 5-7).
Issue of Consideration
Whether the dismissal of Land Acquisition References exparte and without evidence, when the petitioner's advocate was on sanctioned leave due to heart disease, violates principles of natural justice and warrants interference under revisional jurisdiction.
Final Decision
The Civil Revision Applications are allowed. The impugned order dated 28.1.2010 passed by the learned Civil Judge, Senior Division, Nilanga in L.A.R. No. 493 of 1998 and L.A.R. No. 494 of 1998 is set aside. The Land Acquisition References are restored to the file of the learned Civil Judge, Senior Division, Nilanga, who is directed to decide the same on merits within six months from the date of receipt of the order. The parties are directed to appear before the lower court on 29.11.2010.
Law Points
- Principles of natural justice
- Land Acquisition Act
- 1894
- Section 18
- Civil Procedure Code
- 1908
- Order 17 Rule 1
- Exparte dismissal
- Advocate's illness
- Sufficient cause for adjournment
