EXECUTIVE ENGINEER, IRRIGATION PROJECT REINFORCEMENT APPELLANT DEPARTMENT, OMERGA, OSMANABAD Vs. MAHADEO LIMBA MALI

JUDGEMENT

(1.) Heard.

(2.) Admitted. With the consent of the parties, First Appeal is taken up for final hearing.

(3.) The legal heirs of one Mahadeo Mali, who died on 24.07.2006, have applied for their impleadment in the First Appeal. The record shows that and it is not disputed that the land of Mahadeo Mali was acquired by notification under section 4 dated 11.05.2000. Mahadeo Mali accepted the compensation under protest and he submitted reference which was forwarded by the Collector on 005.2008. Meanwhile, the claimant had died. The reference court in a group of matters decided the reference of deceased claimant by judgment dated 05.07.201 It is axiomatic that such judgment could not be valid and binding. Learned advocate for the legal heirs submits that they have no dispute with regard to the order passed in land reference against their wishes. Aggrieved by the decision of the reference court, the Acquiring Body has preferred the present Appeal No. 2951 of 2017. There was delay and it has been condoned. The learned advocate Mr. Mali relies on Khazan Singh Vs. Union of India, (2002) AIR SC 726, in which case, Khazan Singh has preferred land reference to the Collector, and thereafter, Khazan Singh died. The LAR was dismissed on the ground of absence of the party and his counsel. The application for restoration of reference was rejected for want of sufficient cause. It was observed that once the reference was moved taking objection to the measurement of the land on account of the compensation, the Collector is bound to make reference Section 28 empowers the court to proceed to determine the objection by holding such inquiry in such manner. It was held that if the party to whom notice is served by the Civil Court is not participating in the inquiry, it will be at the risk of the party because the award would be detrimental to the party concerned. But non-participation could not confer jurisdiction on the Civil Court to dismiss the suit for default.