Authority: High Court of Judicature at Bombay

Order Date: 22 September 2026

Case Overview

  • Parties: Applicant – Maharashtra Krishna Valley Development Corporation; Respondents – 1) Maruti Laxman Khedkar, 2) The Special Land Acquisition Officer No.6, Pune, 3) The Collector, Pune. Advocates: For appellant – Mr. Nitin Gaware Patil, Mr. Shivkumar J., Ms. Rupsee Nerlikar; for Respondent No.1 – Ms. Amrita Kharkar, Ms. Sayali Bhosale (by P.H. Potnis); for Respondents Nos.2 & 3 – Mr. A.R. Patil.
  • Reference: Land Reference No.16 of 2002, judgment and award dated 22 March 2017 passed by the learned District Judge, Pune.
  • Background: The sole claimant, Maruti Laxman Khedkar, died on 12 November 2016 while his evidence was still part‑heard. His legal representatives were never brought on record before the reference court delivered the award in his favour.
  • Grounds of Appeal: The appellant argued that the award is a nullity because the reference could not continue after the claimant’s death without his legal representatives being recorded, and therefore the award should be set aside and the matter remanded for fresh consideration.
  • Opposition: Counsel for the deceased claimant’s representatives contended that an award in favour of a deceased person is not automatically a nullity and that the legal representatives are entitled to the benefit of the award.
  • Interim Application: The Court had previously considered the issue in Interim Application No.11731 of 2025 and concluded that the award is a nullity.

Final Outcome

  • The First Appeal (ST.) No.25914 of 2025 is allowed.
  • The judgment and award dated 22 March 2017 in Land Reference No.16 of 2002 is set aside.
  • The reference is restored to the file of the learned Reference Court for fresh consideration.
  • The legal representatives of the deceased claimant (who died on 12 November 2016) shall be brought on record and allowed to continue the reference.
  • The Reference Court shall continue proceedings from the stage at which the claimant died, i.e., when evidence was part‑heard.
  • Both parties shall be given proper opportunity to present evidence, cross‑examine, and lead further evidence as permitted by law.
  • The Reference Court shall decide the reference afresh on its own merits, without being bound by the findings of the set‑aside award.
  • All questions regarding market value, compensation amount, interest, and consequential benefits remain open for determination by the Reference Court.
  • The amount already withdrawn by the legal representatives pursuant to the impugned award shall not be recovered at this stage; it will remain subject to adjustment in the fresh award.
  • The Reference Court shall make an endeavour to decide the reference as early as possible, preferably within six months from the date the legal representatives are recorded, subject to cooperation of both sides.
  • The parties shall appear before the Reference Court on 5 October 2026; no fresh notice or reference is required.
  • All pending civil applications, if any, stand disposed of.

Topics: Land Acquisition, Court Order