Petitioner challenges Ext.P2, an order passed by the Reference Court refusing to entertain an application to enlarge time for depositing cost of Rs.1,000/-.
2. The facts involved in the case would disclose that the original petitioner Sri.Aboobacker Haji was the claimant in L.A.R.No.55/2002. The same came to be dismissed for non- appearance as per order dated 06/01/2006. I.A.No.186/2006 was filed in L.A.R.No.55/02 to restore the reference on file by setting aside the order dated 06/01/2006. As per Ext.P1 order dated 22/06/2006, the application was allowed on condition that the petitioner pays Rs.1,000/- before the District Legal Service Authority. But the said amount was not paid in time and therefore the petitioner filed another application for extending the time, which again came to be rejected. Against this, the petitioner has approached this Court. Even the writ petition was dismissed on an earlier occasion when there was no representation. Thereafter, when it was brought to the notice of this Court that the original writ petitioner died on 02/02/2010, the judgment dated 13/06/2012 is recalled.
3. Heard learned Government Pleader.
4. Having regard to the fact that the Land Acquisition Reference cannot be dismissed for default and has to be answered by the Reference Court as held by this Court in Kunjayan v. State of Kerala [2012(1) KLT 799], I am of the view that an opportunity should be granted to the petitioner to adduce evidence regarding the claim made in L.A.R.No.55/02. Paragraph 7 of the said judgment is relevant which is extracted below:
“7. Non-participation of the claimant when the matter is taken up for hearing by the Reference Court does not justify a dismissal of the case for default. The Court has to answer the reference by passing an award. If any of the claimants does not participate in the inquiry before the reference court, he or she stands the risk of an award being passed detrimental to his or her interest. The contrary view taken by a Full Bench of the High Court of Delhi in Ram Piari v. Union of India (AIR 1978 Del. 129) is no more good law in view of Khazan Sing v. Union of India (2002 (1) KLT 644 (SC) = AIR 2002 SC 726). See also Krishna Pillai v.
State of Kerala (1988 (2) KLT 898) and Joseph v. Government of Kerala (1991 (2) KLT 69 (D.B.)). Once the matter is referred to the reference Court under S.18 of the Land Acquisition Act, 1894, that Court also cannot close the reference. It has to pass an award on merits. (See Vilasini Amma v. State of Kerala (2007 (3) KLT SN 72 (C.No.92) (D.B.). It is the duty and power of the reference court to determine just and adequate compensation on relevant facts and the law applicable by sitting in the armchair of a prudent purchaser in open market (See Rajmani v. Collector, Raipur (1997 (1) KLT SN 5 (C.No.6) SC = (1996) 5 SCC 701).
However, it is a clear case where there was gross negligence on the part of the petitioner to adduce evidence. He neither appeared before the Reference Court nor deposited cost of Rs.1,000/- directed by the Reference Court thereafter for restoring the reference on file.
5. Under these circumstances, even if the reference is answered, the petitioners/claimants will not be entitled for interest on any amount, if enhanced, from 06/01/2006 till the date of this judgment.
In the result, this writ petition is disposed of as follows:
i) Ext.P2 order is set aside on condition that even if the reference is answered, the petitioners/claimants will not be entitled for interest on any amount, if enhanced, from 06/01/2006 till the date of this judgment.
ii) There will be a direction to the Subordinate Judges Court to take on file L.A.R..No.55/02 and dispose the same in accordance with law.
Iii) Petitioners in this writ petition, who are the legal heirs of the original petitioner Sri.A.K.Aboobacker Haji, shall file necessary application for impleading them before the Reference Court within a period of one month from the date of receipt of a copy of this judgment. No further notice shall be issued to the legal heirs while deciding the reference.
jsr (sd/-) (A.M.SHAFFIQUE, JUDGE)