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VISHAL MISHRA
MOHD. SAKHAWAT NOOR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – With the consent of the parties, the matter is finally heard. The present petition has been filed challenging the order dated 20-9-2006 passed by the Third Additional District Judge (Fast Track Court), Khandwa whereby the application filed by the petitioner under section 18 of the Land Acquisition Act, 1894 has been dismissed in default.
2. It is submitted that the petitioner was the owner of the land in question and his land has been acquired for the construction of Dam for public purpose of Indira Sagar Project. A notification under section 4 of the Act was issued and the objections were called under section 6(3) of the Act of 1894. The petitioner filed his objection but the same was not considered. All the proceedings were completed and the award was passed and thereafter a notice for intimation of the Award under section 12 of the Act of 1894 was issued to the land owners whose lands were acquired for construction of the dam. As the amount of award was on a very lower side and was not in accordance with the guidelines, therefore, the petitioner preferred an application under section 18 of the Land Acquisition Act, which was referred as reference before the Court below
Advocates appeared :For the Appellant : Brij Mohan Prasad For the Respondent : Dharmendra Kaurab, Akshit Arjaria
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 pr....
The main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
The reference Court must treat the reference as an original proceeding and determine the market value afresh based on the material produced before it. The award under Section 26 of the Land Acquisiti....
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
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 fo....
A reference under the Land Acquisition Act cannot be rejected for non-appearance; it must be resolved based on merits, reinforcing the duty of the Civil Judge to exercise jurisdiction appropriately.
The Land Acquisition Act mandates that all compensation references must be adjudicated on merits, and dismissal due to procedural delays violates constitutional rights to fair compensation.
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