Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 22 September 2026

Case Overview

  • First Appeal (ST.) No.25914 of 2025 with interim applications No.5342 of 2026, No.12870 of 2025, No.11772 of 2025 filed by Maharashtra Krishna Valley Development Corporation (Applicant).
  • Respondents: 1) Maruti Laxman Khedkar (deceased sole claimant), 2) The Special Land Acquisition Officer No.6, Pune, 3) The Collector, Pune.
  • The dispute arose from Land Reference No.16 of 2002 concerning land acquisition; the District Judge, Pune, passed a judgment and Award on 22 March 2017 in favour of the claimant.
  • The sole claimant died on 12 November 2016 while his evidence was still part‑heard; his legal representatives were never brought on record before the award was rendered.
  • The Applicant contended that the award is a nullity because the reference should have abated upon the claimant’s death and no representative was recorded.
  • Respondents argued that an award in favour of a deceased person is not automatically void and that the legal representatives are entitled to its benefits.
  • The Court had previously examined the issue in Interim Application No.11731 of 2025 and concluded the award was a nullity; the present order reiterates that conclusion without restating the full reasoning.
  • The Court held that without a claimant or his representatives, the reference could not lawfully continue, rendering the 22 March 2017 award void.
  • The Court clarified that setting aside the award does not terminate the underlying land acquisition reference; the deceased claimant’s right survives in his legal representatives, subject to law.
  • The amount already withdrawn by the legal representatives under the impugned award will not be recovered at this stage; its final treatment will be decided by the Reference Court after fresh adjudication.

Final Outcome

1. The First Appeal is allowed.

2. The judgment and Award dated 22 March 2017 in Land Reference No.16 of 2002 is set aside.

3. Land Reference No.16 of 2002 is restored to the file of the learned Reference Court for fresh consideration.

4. The legal representatives of the deceased claimant (who died on 12 November 2016) shall be permitted to be brought on record and to continue the reference.

5. The Reference Court shall continue proceedings from the stage at which the claimant died, when evidence was part‑heard.

6. The legal representatives shall be given an opportunity to continue evidence; the Applicant shall be allowed to contest the claim, cross‑examine witnesses and lead further evidence as permitted by law.

7. The Reference Court shall decide the reference afresh on its merits, uninfluenced by the set‑aside award.

8. All questions regarding market value, compensation amount, interest and consequential benefits remain open for determination by the Reference Court.

9. The amount already withdrawn shall not be recovered from the legal representatives at this stage.

10. The withdrawn amount shall remain subject to the final fresh award; the Reference Court may adjust or credit it accordingly and pass any consequential directions.

11. The Reference Court shall endeavour to decide the reference as early as possible, preferably within six months from the date the legal representatives are brought on record, subject to cooperation of both sides.

12. The parties shall appear before the Reference Court on 5 October 2026; no fresh notice or reference shall be necessary.

13. The First Appeal stands disposed of in the above terms.

14. All pending Civil Applications, if any, stand disposed of.

Topics: Land Acquisition, Court Proceedings