KHAZAN SINGH Vs. UNION OF INDIA
LAWS(SC)-2002-1-38
SUPREME COURT OF INDIA
Decided on
January 24,2002
KHAZAN SINGH (DEAD) BY LRS
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
BHAGIRATH BILGAIYA VS. RISHABH KUMAR [REFERRED]JOGI SAHU VS. COLLECTOR CUTTACK [REFERRED]
JOSEPH VS. GOVERNMENT OF KERALA [REFERRED]
BHADAR MUNDA VS. DHUCHUA ORAON [REFERRED]
SHYAM SHANKAR SAHAI VS. STATE OF BIHAR [REFERRED]
Cited Judgements :-
SHIVAJI PANDURANG BANSODE VS. STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD [LAWS(BOM)-2018-6-97] [REFERRED TO]THULASEEDHARAN VS. STATE OF KERALA [LAWS(KER)-2011-7-18] [REFERRED TO]
NATHPA JHAKRI PROJECT CORP & ANR VS. SHIBU [LAWS(HPH)-2017-10-22] [REFERRED TO]
NATHPA JHAKRI PROJECT CORP & ANR VS. SHIBU [LAWS(HPH)-2017-10-22] [REFERRED TO]
NATHPA JHAKRI PROJECT CORP & ANR VS. SHIBU [LAWS(HPH)-2017-10-22] [REFERRED TO]
IOHLANG SUTNGA VS. DISTRICT COLLECTOR, WEST JAINTIA HILLS DISTRICT [LAWS(MEGH)-2022-8-1] [REFERRED TO]
GURANDITTA VS. UNION OF INDIA [LAWS(P&H)-2004-7-3] [REFERRED TO]
T HANMANTHU VS. L A OP PJPGADWAL [LAWS(APH)-2008-6-38] [REFERRED TO]
POLAMREDDY VENKATA RAMANA REDDY VS. SPECIAL DEPUTY COLLECTOR [LAWS(APH)-2023-2-74] [REFERRED TO]
VITTHAL MADAN PATIL VS. STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD [LAWS(BOM)-2018-6-98] [REFERRED TO]
STATE OF MAHARASHTRA VS. SITARAM NARAYAN PATIL [LAWS(BOM)-2010-2-79] [REFERRED TO]
KESHAV RAM VERMA VS. STATE OF H.P. [LAWS(HPH)-2014-8-65] [REFERRED TO]
PARVATHAMMA VS. ASSISTANT COMMISSIONER-CUM-LAND ACQUISITION OFFICER [LAWS(KAR)-2013-5-15] [REFERRED TO]
JACOB THOMAS VS. PANDIAN [LAWS(KER)-2005-9-25] [REFERRED TO]
PANDHARINATH S O PUNJA POLADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-121] [REFERRED TO]
DHANGIR PANDURANG GOSAVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-257] [REFERRED TO]
UOI VS. JAI CHAND [LAWS(DLH)-2011-8-186] [REFERRED TO]
JAI VIR SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2007-11-128] [REFERRED TO]
THAKUR DASS VS. LAND ACQUISITION COLLECTOR [LAWS(HPH)-2002-11-21] [REFERRED TO]
SANGITABAI W/O. BHASKAR KAMBLE VS. THE COMMISSIONER, AURANGABAD MUNICIPAL CORPORATION [LAWS(BOM)-2016-12-96] [REFERRED TO]
ANANTHAMMA VS. SPL DEPUTY COLLECTOR [LAWS(APH)-2008-6-15] [REFERRED TO]
LIMBABHAI TALSHIBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2007-4-95] [REFERRED TO]
UNADBHAI PATABHAI VS. DEPUTY COLLECTOR [LAWS(GJH)-2022-11-555] [REFERRED TO]
KISHANLAL ARORA VS. THE LAND ACQUISITION OFFICER [LAWS(MPH)-2014-3-112] [REFERRED TO]
BHAGAVAL DAS VS. SPECIAL TAHSILDAR [LAWS(MAD)-2012-11-242] [REFERRED TO]
BANISHA TARIANG VS. DISTRICT COLLECTOR, WEST JAINTIA HILLS DISTRICT [LAWS(MEGH)-2022-8-11] [REFERRED TO]
UOI VS. PRATAP SINGH [LAWS(DLH)-2011-8-187] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. A.D.J. AND ORS. [LAWS(ALL)-2015-4-49] [REFERRED TO]
EXECUTIVE ENGINEER, IRRIGATION PROJECT REINFORCEMENT APPELLANT DEPARTMENT, OMERGA, OSMANABAD VS. MAHADEO LIMBA MALI [LAWS(BOM)-2018-7-240] [REFERRED TO]
DIWAKAR PRABHAKAR CHOPADE VS. SUB-DIVISIONAL OFFICER (LAND ACQUISITION OFFICER), SILLOD DISTRICT AURANGABAD [LAWS(BOM)-2019-10-81] [REFERRED TO]
NAMDEO DHARMAJI BAWANKULE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-22] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. STATE [LAWS(BOM)-2005-10-216] [REFERRED TO]
MITHILESH VERMA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2009-12-36] [REFERRED TO]
MOHD. SAKHAWAT NOOR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-2-32] [REFERRED TO]
SURESH VS. LAND ACQUISITION REHABILITATION OFFICER [LAWS(MPH)-2020-1-171] [REFERRED TO]
HUNDAKA SHADAP VS. DISTRICT COLLECTOR, WEST JAINTIA HILLS DISTRICT [LAWS(MEGH)-2022-8-15] [REFERRED TO]
UNION OF INDIA VS. SHAUKAT RAI [LAWS(DLH)-2009-10-107] [REFERRED TO]
LAXMI VS. LAND ACQUISITION OFFICER [LAWS(APH)-2008-6-104] [REFERRED TO]
YOGESH VERMA VS. STATE OF H.P. [LAWS(HPH)-2003-10-2] [REFERRED TO]
COLLECTOR LAND ACQUISITION NHPC VS. KHEWA RAM [LAWS(HPH)-2007-1-29] [REFERRED TO]
KUNJAYYAN VS. STATE OF KERALA [LAWS(KER)-2012-2-41] [REFERRED TO]
VIJAYKUMAR HANUMANPRASAD GOENKA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-1-87] [REFERRED TO]
BIMAL S/O KANTILAL MEHATA VS. ASSISTANT COMMISSIONER AND LAND ACQUISTION OFFICER [LAWS(KAR)-2018-9-45] [REFERRED TO]
VINOD KUMAR AND OTHERS VS. STATE OF H P AND OTHERS [LAWS(HPH)-2016-12-205] [REFERRED TO]
SHAHIDA BEEVI VS. STATE OF KERALA [LAWS(KER)-2007-10-64] [REFERRED TO]
JUDGEMENT
Thomas, J. -
(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."
(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."
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