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2002 Supreme(Ker) 57

K.T.THOMAS, S.N.PHUKAN
Khazan Singh – Appellant
Versus
Union of India – Respondent


Judgment :-

1. Leave granted.

2. Can the reference made by a Collector under S.18 of the Land Acquisition Act, 1894, (for short 'the Act') be dismissed for default? A Civil Court dismissed the reference for default of the claimant as he failed to be present when the matter was taken up. He made an unsuccessful bid to have the reference restored to the file. The High Court also did not help him as per the impugned order.

3. Appellants are the legal heirs of one Khazan Singh. Certain area of land belonging to the said Khazan Singh was acquired under the provisions of the Act and an award was passed by the Collector (Land Acquisition Officer) on 16.7.1984, fixing the compensation payable to the land owners. As Khazan Singh was not satisfied with the amount fixed by the Land Acquisition Officer he moved an application under S.18 of the Act for making a reference to the civil court. The Land Acquisition Officer, acting on the said application made the reference. It was pending before the court of a District Judge. On 29.9.1997 the Additional District Judge dismissed the reference on the premise that "neither the applicant nor his counsel appeared in the court on the said date."

4. In the m










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