Authority: High Court of Judicature at Bombay

Order Date: 22 September 2026

Case Overview

  • Applicant: Maharashtra Krishna Valley Development Corporation (acquiring body).
  • Respondents: 1) Maruti Laxman Khedkar (deceased sole claimant), 2) The Special Land Acquisition Officer No.6, Pune, 3) The Collector, Pune.
  • The appeal (First Appeal (ST.) No.25914 of 2025) challenges the judgment and award dated 22 March 2017 passed by the learned District Judge, Pune in Land Reference No.16 of 2002.
  • 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 award was passed.
  • The appellant argued that the award is a nullity because the reference could not continue without the claimant’s legal representatives, and therefore should be set aside and the matter remanded for fresh consideration.
  • Respondents argued that an award in favour of a deceased person is not automatically a nullity and that the legal representatives are entitled to its benefits.
  • The Court previously examined this issue in Interim Application No.11731 of 2025 and concluded the award is a nullity.

Final Outcome

  • The First Appeal is allowed.
  • The judgment and award dated 22 March 2017 in Land Reference No.16 of 2002 is set aside as a nullity.
  • The reference is restored to the file of the learned Reference Court for fresh consideration according to law.
  • The legal representatives of the deceased claimant shall be permitted to be brought on record and continue the reference.
  • The Reference Court shall resume proceedings from the stage at which the claimant died (12 November 2016) when evidence was part‑heard.
  • Both the legal representatives and the appellant shall be given proper opportunity to present and contest evidence as permitted by law.
  • The Reference Court shall decide the reference afresh on its merits; no findings of the set‑aside award shall influence the new decision.
  • All questions regarding market value, compensation amount, interest, and other 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  • The amount already withdrawn by the legal representatives pursuant to the impugned award shall not be recovered at this stage; it will remain subject to adjustment in the fresh award.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, as far as possible, decide the reference within six months from the date the legal representatives are brought on record, 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, Judicial Review