IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
V.K. Jadhav, J.
Dhangir Pandurang Gosavi & Ors. - Appellants
Versus
The State Of Maharashtra & Ors. - Respondents
Writ Petition No. 2698 of 2021
Decided On : 10-02-2021
Land Acquisition - Reference Court Decisions - Section 18 of the Land Acquisition Act - Summary: The court considered the dismissal of Land Acquisition References and the admissibility of civil revision applications under Section 115 of the Civil Procedure Code. The court referred to the cases of Khazan Singh vs. Union of India and Chimanlal Hargovinddas vs. Special Land Acquisition Officer, Poona, highlighting the requirement for evidence to be produced and proved before the court, and the court's duty to determine market value afresh based on the material before it. The court concluded that the Land Acquisition Reference petitions were not decided on merits and quashed the judgment and orders passed by the Reference Courts, restoring the References to their original position for further evidence and disposal.
Fact of the Case:
The petitioners filed Land Acquisition References but failed to adduce evidence before the Reference Court. The Reference Court dismissed the References based on the awards and sale instances relied upon by the Special Land Acquisition Officer. The petitioners argued that the dismissal was not on merits and sought relief.
Finding of the Court:
The court found that the Reference Court decisions were not sustainable as the References were not decided on merits, and the sale instances were considered without being produced and proved before the court.
Issues: The issues revolved around the admissibility of civil revision applications under Section 115 of the Civil Procedure Code, the requirement for evidence to be produced and proved before the court, and the duty of the court to determine market value afresh based on the material before it.
Ratio Decidendi: The court held that the Land Acquisition Reference petitions were not decided on merits and quashed the judgment and orders passed by the Reference Courts, restoring the References to their original position for further evidence and disposal.
Final Decision: The court partly allowed the writ petitions, quashed the judgment and orders passed by the Reference Courts, restored the Land Acquisition References to their original position, and directed the concerned Reference Courts to permit the respective petitioners to lead oral and documentary evidence and dispose of the References expeditiously.
Based on the provided legal document, the key points are as follows:
The main legal ruling establishes that Land Acquisition Reference petitions must be decided on their merits, with all relevant evidence produced and proved before the court. The courts are required to determine the market value afresh, based on the material available during the proceedings (!) (!) .
The courts emphasized that decisions dismissing Land Acquisition References without proper consideration of evidence are not sustainable. Sale instances and other evidence must be produced and proved before the court to substantiate claims for enhanced compensation (!) (!) .
The judgment clarifies that references under Section 18 of the Land Acquisition Act are not appeals against awards, and the material relied upon by the Land Acquisition Officer in the award cannot be considered unless produced and proved in court (!) (!) .
It is highlighted that proceedings under Section 18 should be decided on the basis of the material before the court on merits, and any order passed otherwise than on merits can be challenged under supervisory jurisdiction or under specific procedural rules (!) (!) .
The court pointed out that when a reference is dismissed not on merits, civil revision applications under Section 115 of the Civil Procedure Code are not maintainable. Such dismissals do not amount to a decree and cannot be challenged through appeals or revisions on the ground of merits (!) (!) (!) .
The decision underscores that the Court's role is to determine the market value as on the date of notification, considering genuine comparable instances and making appropriate adjustments for various factors such as size, location, and other relevant circumstances (!) .
The Court directed that all Land Acquisition References should be restored to their original position, allowing the petitioners to lead oral and documentary evidence, and ensuring that the respondents also have the opportunity to present their evidence (!) (!) (!) .
The concerned Reference Courts are instructed to permit the petitioners to appear on a specified date and to dispose of the pending references within a set time frame, emphasizing expeditious resolution (!) (!) .
The judgment also notes that the pending civil applications are disposed of in light of the final orders (!) .
Overall, the decision aims to ensure that Land Acquisition References are decided fairly on merits, with proper consideration of evidence, and that the process is expedited to deliver justice efficiently (!) (!) (!) (!) (!) .
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JUDGMENT
1. Being aggrieved by the judgment and orders passed by the Reference Courts in all Land Acquisition References, thereby dismissing the Land Acquisition References filed by the petitioners herein, these writ petitions have been preferred raising common question of law and as such all these writ petitions are being decided by this common order.
2. The petitioners herein being aggrieved and dissatisfied with the awards passed by the Land Acquisition Officers, had preferred Land Acquisition References as per the details given below:-
| Sr. No | LAR No. and date of the order | Name of the Reference Court | W.P. No. | Name of the petitioner |
| 1 | 86 of 2008 06.11.2008 | C.J.S.D. Omerga | 2698 of 2021 | Dhangir Pandurang Gosavi |
| 2 | 275 of 2004 22.08.2006 | C.J.S.D. Omerga | 2747 of 2021 | Bashir Chandkhan Pathan (died) through Lrs. Irphan Bashir Pathan. |
| 3 | 17 of 2008 (old 145 of 2002) 26.02.2013 | C.J.S.D. Omerga | 2752 of 2021 | Sudhir Madhavacharya Joshi. |
| 4 | 852 of 2005 (old 355 of 2001) 25.04.2012 | C.J.S.D. Omerga | 2771 of 2021 | Vithal Maruti Jiwange |
| 5 | 203 of 2013 23.11.2018 | 2nd C.J.S.D. Omerga | 2775 of 2021 | Waman Rangrao Pawar and another. |
| 6 | 893 of 2005 31.03.2012 | C.J.S.D. Omerga | 381 of 2021 | Biru Dhondappa Ghodake |
| 7 | 906 of 1998 (old 99 of 1998) 29.10.2005 | Adhoc District Judge, Nilanga, Dist. Latur. | 382 of 2021 | Pandurang Krishna Ingale (Died) through L.Rs. Rukminbai w/o Pandurang Inglae and another. |
| 8 | 606 of 2005 (old No.284 of 2000) 03.01.2009 | C.J.S.D. Omerga | 383 of 2021 | Gundu s/o Shridhar Potdar (Died) through Lrs. Bhagwat s/o Gundu Potdar and others. |
| 9 | 148 of 1996 25.03.2011 | C.J.S.D. Osmanabad | 384 of 2021 | Limbraj Tukaram Rajguru |
| 10 | 06 of 2011 12.01.2016 | C.J.S.D. Omerga, Dist. Osmanabad | 385 of 2021 | Dhondabai Ramrao Salunke. |
| 11 | 777 of 2009 08.11.2013 | C.J.S.D. Omerga, Dist. Osmanabad | 386 of 2021 | Zumbar Shriniwas Kulkarni |
| 12 | 656 of 2009 21.01.2016 | C.J.S.D. Omerga, Dist. Osmanabad | 387 of 2021 | Prabhakar Yeshwant Patil |
| 13 | 62 of 2014 01.01.2016 | C.J.S.D. Omerga, Dist. Osmanabad | 388 of 2021 | Mallikarjun Appanna Manale and another. |
| 14 | 27 of 2002 08.02.2013 | C.J.S.D. Osmanabad | 389 of 2021 | Udhav Pandurang Jawale. |
| 15 | 415 of 2004 03.08.2006 | C.J.S.D. Omerga, Dist. Osmanabad | 391 of 2021 | Suresh Gursidappa Inde. |
3. It is almost a common ground raised by all the petitioners that due to some unavoidable circumstances the petitioners could not adduce the evidence before the Reference Court. The Reference Court has considered the award and the sale instances relied upon by the Special Land Acquisition Officer and dismissed the Land Acquisition References. In some of the cases, the petitioners have filed applications before the Reference Court for restoration of the said Land Acquisition Reference, however, those applications came to be rejected by the Reference Court.
4. Learned counsel for the petitioners in respective writ petitions, submit that the Division Bench came to be constituted by the Hon'ble the Chief Justice to consider "where a reference under Section 18 of the Land Acquisition Act was dismissed otherwise than on merits, a civil revision application under Section 115 of the Civil Procedure Code was permissible and to consider also as to whether the appeal is maintainable". The Division Bench of this Court (Coram: Prasanna B. Varale and Avinash G. Gharote, JJ.) while dealing with the said question, by referring the case of Khazan Singh vs. Union of India, reported in 2002 (2) SCC 242, has held that the reference has to be decided by the civil court on the basis of the material before it, on merits, alongwith the other findings recorded as summarized in para 31 of the said judgment. Learned counsel submit that in view of the observations made by the Supreme Court in
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