01Facts
The claimants appealed against the Reference Court’s order rejecting their reference proceedings because they had not appeared and adduced evidence despite opportunities.
p. 1They sought a final opportunity to lead evidence and stated that they would waive interest for the delayed period.
p. 1The State opposed the appeal, submitting that the Reference Court had properly discontinued the proceedings after granting ample opportunities.
p. 1The claimants relied on a Coordinate Bench decision in First Appeal No. 4258 of 2022.
p. 102Issues
i.Whether the Reference Court’s rejection of the claimants’ reference proceedings for failure to appear and adduce evidence should be set aside and the proceedings restored.
p. 1 · p. 3ii.Whether the restored proceedings should be subject to directions concerning the claimants’ participation, timely disposal, and interest for the delayed period.
p. 303Law Applied
The Court relied on the Coordinate Bench’s decision in First Appeal No. 4258 of 2022, which referred to First Appeal No. 862 of 2022 and allied matters.
p. 1 · p. 2Those decisions held that, in land-reference matters, the Reference Court must determine the landowners’ entitlement to just, reasonable, and adequate compensation by considering the evidence, and that claimants should be afforded an opportunity to adduce evidence.
p. 2The precedent also supports withholding interest for a period of delay attributable to claimants’ negligence.
p. 204Reasoning
The Court considered the reference proceedings to be a forum in which a person who has lost land and seeks enhanced compensation should be given an opportunity to establish the claim, rather than having the reference rejected solely because the claimants failed to appear and produce evidence.
p. 3Applying the Coordinate Bench’s approach, it set aside the rejection and restored the proceedings, while requiring the claimants to attend every hearing and cooperate with the Reference Court.
p. 3The Court also addressed the delay by denying interest for 2,881 days.
p. 305Holding
The appeal was allowed. The impugned order was quashed and the reference proceedings restored, with a direction to the Reference Court to decide them within three months of receiving the order.
p. 3The claimants must remain present at every hearing and cooperate in the proceedings; they are not entitled to interest for the delayed period of 2,881 days.
p. 3Original Court PDF
NARSHIBHAI THAKARSHIBHAI NANDASANAvsTHE DEPUTY COLLECTOR SPECIAL LAND ACQUISITION OFFICER AND REHABILITATION (IRRIGATION)
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