The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim for enhanced compensation.

JUDGMENT

Sharmila U. Deshmukh, J. - Rule. Rule made returnable forthwith. Mrs. G.L. Deshpande, learned AGP waives service on behalf of the respondents - State in both the matters. Mr. Arvind N. Gaddime, learned counsel waives service on behalf of respondent no.3 in Writ Petition No.14990 of 2021. At the joint request of learned counsels appearing for the parties, the matters are heard finally at the admission stage.

2. The petitioner in Writ Petition No.14990 of 2021 challenges the Award dated 03.04.2012 passed by the 3rd Jt. Civil Judge Senior Division, Osmanabad in L.A.R. No.14 of 2002 whereby the reference was rejected.

3. The petitioner in Writ Petition No.14953 of 2021 challenges the Award dated 02.05.2012 passed by Civil Judge, S.D,, Omerga in L.A.R. No.988 of 2005 whereby the reference is dismissed.

4. Heard Mr. Vivekanand V. Ingale, learned advocate for the petitioners and Mrs. G.L. Deshpande, learned AGP for the respondents - State in both the matters and Mr. Arvind N. Gaddime, learned counsel for respondent no.3 in Writ Petition No.14990 of 2021.

5. The learned counsel for the petitioners 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 claims on merits and dismissed the references on the ground that the claimants have not bothered to pursue the matters for establishing their claims and have 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 Awards passed by the Reference Court are liable to be quashed and set aside and the matters be remanded for consideration afresh. On the ground of delay he would submit that the proceedings were filed by the petitioners at Osmanabad and the petitioners got knowledge about the dismissal of the proceedings from some other claimants. He would further submit that the petitioners are villagers and not well informed about their rights.

6. The learned counsel for the petitioners in support of his contentions relies upon the decision of the Supreme Court in the case of Tukaram Kana Joshi and Others through Power of Attorney Holder vs. Maharashtra Industrial Development Corporation and Others, (2013) 1 SCC 353 and Vidya Devi vs. State of Himachal Pradesh and Others, (2020) 2 SCC 569.

7. Per contra, learned AGP raised objection as to maintainability on the ground that the decisions of the reference Courts are on merits and therefore the appeals would lie under Section 54 of the Land Acquisition Act and the present petitions have been filed to avoid payment of Court fees. It was urged that there is considerable delay in filing the present petitions and no sufficient explanation has been tendered. The learned AGP would contend that in reference proceedings, the burden was upon the claimants 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 references have been decided on merits and awards are 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.

8. 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 mat