Case Note & Summary
The appellant, Shivaji Pandurang Bansode, filed a first appeal against the judgment and award dated 25-02-2013 passed by the Civil Judge, Senior Division, Omerga, dismissing his Land Acquisition Reference No. 67 of 2008 (Old LAR No. 267 of 2002). The appellant's land bearing Survey No. 41/3 admeasuring 00.44 R situated at village Kolsur, Taluka Omerga, District Osmanabad was acquired by the State of Maharashtra for construction of Kolsur Medium Project. The notification under Section 4 of the Land Acquisition Act, 1894 was published on 26-12-1996. The Special Land Acquisition Officer declared an award under Section 11 and granted compensation of Rs.15,400/-. Dissatisfied, the appellant filed a reference under Section 18 for enhancement. The Reference Court dismissed the reference without adjudicating on merits. The High Court admitted the appeal and heard it finally. The court found that the Reference Court erred in dismissing the reference for default. The High Court set aside the impugned judgment and award and remanded the matter to the Reference Court for fresh adjudication on merits, directing both parties to be given an opportunity to lead evidence. The appeal was allowed with no order as to costs.
Headnote
A) Land Acquisition - Compensation Enhancement - Dismissal of Reference - Section 18, Land Acquisition Act, 1894 - The Reference Court dismissed the reference for default without considering the merits of the case. The High Court held that the dismissal was improper and remanded the matter for fresh adjudication, directing the Reference Court to decide the reference on merits after giving both parties an opportunity to lead evidence. (Paras 1-5) B) Land Acquisition - Reference under Section 18 - Duty of Reference Court - The Reference Court must adjudicate the reference on its merits and not dismiss it for default. The High Court set aside the impugned judgment and award and remanded the matter for fresh consideration. (Paras 3-5)
Issue of Consideration
Whether the Reference Court was justified in dismissing the Land Acquisition Reference for default without adjudicating on merits, and whether the appellant-claimant is entitled to enhanced compensation for the acquired land.
Final Decision
The appeal is allowed. The impugned judgment and award dated 25-02-2013 passed by the Civil Judge, Senior Division, Omerga in Land Acquisition Reference No. 67 of 2008 (Old LAR No. 267 of 2002) is set aside. The matter is remanded to the Reference Court for fresh adjudication on merits. The Reference Court shall give both parties an opportunity to lead evidence and decide the reference afresh in accordance with law. No order as to costs.
Law Points
- Land Acquisition
- Compensation Enhancement
- Reference Court Dismissal
- Remand for Fresh Adjudication
