The reference proceedings under Section 18 of the Land Acquisition Act cannot be dismissed for non-prosecution, and the reference court must determine the market value afresh based on the material produced before it.

JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith. Mrs. G.L. Deshpande, learned AGP waives service on behalf of the respondent - State. At the joint request of learned counsels appearing for the parties, the matter is heard finally at the admission stage.

2. The petitioner is aggrieved by the Award dated 27. 03.2012 passed by the Civil Judge Senior Division, Omerga in L.A.R. No.761 of 2009 dismissing the reference.

3. Heard Mr. Vivekanand V. Ingale, learned Advocate for the petitioner and Mrs. G.L. Deshpande, AGP for the respondent - State.

4. The learned counsel for the petitioner submits that reference under Section 18 of the Land Acquisition Act, 1894 cannot be dismissed for non-prosecution. He would further urge that the reference Court has not decided the claim on merits and dismissed the reference on the ground that the claimant has not bothered to pursue the matter for establishing his claim and has thus failed to adduce any evidence for the purpose of redetermination of the market value of the acquired property. As such, he would contend that the Award passed by the Reference Court is liable to be quashed and set aside and the matter be remanded for consideration afresh. On the ground of delay in filing the present petition which is filed in the year 2021 whereas the Award has been passed in the year 2012, he would submit that the proceeding was filed by the petitioner at Osmanabad and after the establishment of Lower Court at Omerga, it was transferred to that Court, which was not intimated to the petitioner. He would submit that the petitioner got knowledge from some other claimants about the dismissal of the proceedings and thereafter immediately he has approached this Hon'ble Court. In support of his contention, the learned counsel for the petitioner relies upon the decision of this court in the case of Dhangar Pandurang Gosavi vs. The State of Maharashtra and others with connected writ petitions decided on 10.02.2021.

5. Per contra, learned AGP raised objection as to maintainability on the ground that the decision of the reference Court is on merits and therefore the appeal would lie under Section 54 of the Land Acquisition Act and the present Petition has been filed to avoid payment of Court fees. It was urged that there is considerable delay in filing the present Petition and no sufficient explanation has been tendered. The learned AGP would contend that in reference proceedings, the burden was upon the claimant to adduce evidence showing that the compensation awarded in respect of the acquired property was inadequate and insufficient and in absence of any such evidence, the material on record has been considered and the reference has been decided on merits and award is directed to be drawn up accordingly. The attention of this Court is invited to the provisions of Order-XVII, Rule-2 and 3 of Code of Civil Procedure, 1908 and it is submitted that the procedure prescribed under the Code of Civil Procedure (hereinafter in short 'Code'), the reference Court has proceeded to dispose of the suit in accordance with the provisions of Order-IX of the Code.

6. Before adverting to the merits of the case, it is necessary to refer to Section 18 of the Act which contemplates reference to Court by a person who has not accepted the Award and reads thus:

'18. Reference to Court.- (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made,-

(a) if the perso