Case Note & Summary
The matter arose from the acquisition of land belonging to Mahadeo Mali under Section 4 notification dated 11.05.2000. He accepted the compensation under protest and filed a reference under Section 18 of the Land Acquisition Act, 1894, which was forwarded by the Collector on 03.05.2008. Mahadeo Mali died on 24.07.2006. Despite his death, the Reference Court decided the reference on 05.07.2013 without impleading his legal heirs. The Acquiring Body preferred First Appeal No. 2951 of 2017 challenging the enhancement, after condonation of delay. The legal heirs of the deceased claimant filed Civil Application No. 5734 of 2018 seeking impleadment and raising the issue that the award against a dead person is a nullity. The legal heirs had no objection to the quantum of compensation awarded but sought procedural rectification. The State pointed out the delay of 4184 days in bringing legal heirs on record. The High Court examined the legal position and relied on Khazan Singh v. Union of India, AIR 2002 SC 726 and Collector Land Acquisition, Thein Dam Project v. Sunit Sharma, 2006 CJ (J&K) 38 to hold that land acquisition references under Section 18 do not abate on the death of a claimant and that the rigours of Order 22 CPC regarding abatement are not applicable. It was emphasised that a proceeding against a dead person is a nullity and such an award is not valid in law. The court held that the reference court's judgment was a nullity and set it aside. The appeal filed by the Acquiring Body against that nullity was also held not maintainable. The High Court directed the Reference Court to implead the legal heirs without any limitation issue and to proceed from the stage of death of Mahadeo Mali. The amount deposited by the Acquiring Body was ordered to be refunded. The court further directed that the reference shall not be dismissed in default and shall be decided on merits, with liberty to the legal heirs to submit that they agree to the award passed in favour of other claimants if the lands are similar.
Headnote
A) Land Acquisition - Reference Under Section 18 - Proceedings Do Not Abate Upon Death of Claimant - Land Acquisition Act, 1894, Sections 18, 28 - The reference court decided the reference of deceased claimant Mahadeo Mali without his legal heirs on record, after his death in 2006. Held that the rigors of abatement under Order 22 CPC do not apply to reference proceedings; the court has a duty to substitute legal representatives irrespective of limitation. (Paras 3, 4, 8, 10) B) Civil Procedure - Effect of Proceeding Against Dead Person - Nullity - Land Acquisition Act, 1894 - The reference court's award was passed in the name of a deceased person, making it a nullity and not binding. The fact that the legal heirs do not dispute the award does not cure the nullity. Held that the award against deceased is set aside, and the reference court shall proceed afresh after impleading legal heirs. (Paras 9, 10) C) Appeal - Maintainability - Acquiring Body's Appeal Against Nullity Award - Land Acquisition Act, 1894 - The acquiring body filed an appeal against the reference court's award. Since the underlying order is a nullity, the appeal is also not maintainable. Held, appeal disposed of with direction to refund court fees to the acquiring body. (Paras 10, 12) D) Limitation - Impleadment of Legal Heirs in Land Reference - No Limitation Bar - Land Acquisition Act, 1894 - The legal heirs applied for impleadment after significant delay. Following precedent, the court held that limitation is not a bar for bringing legal heirs on record in land acquisition references, as the reference does not abate. (Paras 5, 11)
Issue of Consideration
Whether the judgment and award passed by the reference court in Land Acquisition Reference No. 405 of 2008 against a deceased claimant is a nullity, and whether the legal heirs should be brought on record and the reference should be reheard without limitation.
Final Decision
The High Court set aside the judgment and award in LAR No. 405 of 2008 qua Mahadeo Mali as null and void, allowed the legal heirs to be impleaded without any issue of limitation, directed the reference court to proceed from the stage of death, and disposed of the First Appeal as not maintainable with refund of court fees to the acquiring body.
Law Points
- Reference under Section 18 of Land Acquisition Act
- 1894 does not abate upon death of claimant
- proceeding against a dead person is a nullity
- legal heirs have right to be brought on record without limitation
- Order 22 CPC not applicable to land acquisition references
- duty of State to ensure just compensation to legal heirs
