On the point as to what should be the form of award and the duty of the court when the claimant is absent or if present fails to adduce evidence, the learned counsel for revision petitioner cited, M.S. Ramaiah and Ors. v. Special Land Acquisition Officer, AIR 1974 Karnataka 122, This case lays down that when a reference is made to the Court (Civil Court), it is its duty to determine the amount of compensation payable for the land or lands acquired; the Court has no jurisdiction to refuse to determine the amount of compensation even where the claimant remains absent or where he is present, fails to adduce evidence; the Court further has to apply its mind and make an award and cannot blindly confirm the award of the Land Acquisition Officer. The case further annunciates that the award which the Court passes must be in the form of a judgment containing the statement of the grounds for the award. Where the claimant remains absent or does not produce evidence, it is not open to the Court to dispose of the reference stating that the claim of the claimant is dismissed or that the reference is rejected. This case is also on the point that the reference cannot be dismissed in default.
Bombay
High Court
Kawadu
S/O Madhav Bansod vs State Of Maharashtra And Anr. on 2 July, 2003
Equivalent
citations: 2004 (1) MhLj 980
Bench:
S Mahajan
