The duty of the State to pay just and reasonable compensation for acquired land, the obligation to bring legal representatives of a deceased claimant on record, and the nullity of proceedings against a dead person.

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, 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. The Apex Court set aside the order of dismissal for default and remitted the matter for passing the award.

4. Reliance was placed by learned advocate for the applicant on the judgment in Collector Land Acquisition, Thein Dm Project Vs. Sunit Sharma 2006 CJ (J&K) 38 in which matter, the claimant had passed away in 1997 and award passed by District Judge without impleadment of the legal representative of the deceased stood vitiated. The issue was raised whether Order 22 CPC would be applicable to the reference matter or not. Referring under Section 51 and 59 of Land Acquisition Act, it was held that rigours of abatement of the proceedings under Order 22 CPC will not be applicable to the reference proceedings. In case of death of the person on the reference has been made, it becomes the duty of the Collector to supply the court the names and addresses of the legal representatives of the deceased claimant to enable the court to issue fresh notices to them. It was the duty of the court to substitute the legal representatives irrespective of question of limitation.

5. Learned AGP for the State submits that there is enormous delay of 4184 days. None is present for the Acquiring Body.

6. In the factual scenario, the points for my determination are whether the order of reference court is legal and valid and whether legal representatives need to be brought on record.

7. When the notices under section 4 and 6 are published, it is the intention of the Government to acquire the land for public purpose. The land Acquisition Officer has to hold inquiry as per section 11 of Land Acquisition Act, and after giving opportunity to the parties, he has to pass the award. Accordingly, in the present case, the award was passed. As per section 12, the award passed by the Land Acquisition Officer shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of