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2018 Supreme(Bom) 1295

A.M.DHAVALE
Executive Engineer, Irrigation Project Reinforcement Department – Appellant
Versus
Mahadeo Limba Mali – Respondent


Advocates Appeared:
Mr. A.P. Basarkar, A.G.P. for Respondent-State
For the Respondent:Mr. Dhananjay Mane, Advocate h/f Mr. L.C. Patil

JUDGMENT :

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 03.05.2008. Meanwhile, the claimant had died. The reference court in a group of matters decided the reference of deceased claimant by judgment dated 05.07.2013. 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 AIR 2002 (SC) 726 in which case, Khazan Singh has preferred land reference to the Collector, and thereafter,











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