Rajaram Madhavrao Shinde Died Thr ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 5159 Bom

                                                                          956.wp.4133.22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             WRIT PETITION NO.4133 OF 2022

     RAJARAM MADHAVRAO SHINDE DIED THR LRS RAJUBAI RAJARAM
                        SHINDE AND OTHERS
                             VERSUS
             THE STATE OF MAHARASHTRA AND ANOTHER

                                         ...
       Advocate for Petitioners : Mr. P.C. Mayure h/f. Mr. Suhas R. Shirsat
                  AGP for Respondents: Mr. S.N. Morampalle
                                         ...

                                    CORAM   :   MANGESH S. PATIL, J.

                                    DATE    :   08.06.2022
PER COURT :

Heard the learned advocate for the petitioners as also the

learned AGP.

2. This is yet another instance where a reference under Section 18

of the Land Acquisition Act, 1894 has been dismissed on the sole ground

that the claimants as also the respondents having not turned up. There was

no other objective material available to justify the claim being laid for

enhanced compensation, the burden to prove which fact was on the

petitioners claimants.

3. It is time and again reiterated that being a reference under

Section 18 of the Land Acquisition Act a reference court has to decide the

reference on merits and same cannot be dismissed unanswered.

4. Apparently predecessor of the petitioners who was original

956.wp.4133.22.odt

claimant was extended an opportunity to substantiate the claim for

enhanced compensation but he had not turned up. Even the Special Land

Acquisition Officer also did not turn up to assist the court in deciding the

reference. Faced with the situation, the learned Judge of the reference court

apparently had no assistance to decide the reference and dismissed it.

5. The propriety and the reasons apart, in view of the trite legal

position that the reference cannot be dismissed and has to be answered, it

would be appropriate that the impugned judgment and order is quashed and

set aside and the parties are relegated before the reference court for decision

of the reference afresh.

6. The Writ Petition is partly allowed. The impugned judgment

and order is quashed and set aside. The reference is remanded back for

decision afresh. The parties shall appear before the reference court on

02.07.2022 and there shall be no need for the reference court to issue any

notice to them. The petitioners shall not be entitled to claim any interest

from the date of the decision i.e. 25.11.2019 till date.

(MANGESH S. PATIL, J.)

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