AIR 1982 HIMACHAL PRADESH 42 ::(1982) Sim LC 90

Himachal Pradesh High Court

Hon'ble Judge(s): V. D. Misra , C.J. AND H. S. Thakur , J

(A) Land Acquisition Act (1 of 1894) , S.18, S.26, S.53— Reference - Death of claimant after reference is made - Court cannot pass award unless his legal representatives are brought on record - O.22, Civil P.C. is applicable to proceedings on reference under S.18. AIR 1964 Madh Pra 171, AIR 1968 Cal 314, AIR 1970 Pat 209 and AIR 1974 Pat 176, Dissented from. Civil P.C. (5 of 1908) , O.22 R.3— The provisions of O.22, Civil P.C. are applicable to the proceedings on reference under S.18 of the Act. It cannot be said that once a reference has been made the court is bound to give an award even though the necessary party is not before the Court, Under S.26 of the Act the court, while making its award, is required amongst others, to give the grounds of awarding each amount. In the absence of the applicant the Court cannot justify the amount awarded by the Collector on the ground that applicant is no more interested in supporting the objections raised by him. In these circumstances relevant provisions of the Code, which are not inconsistent with the Act, can be made applicable because of S.53 of the Ad. There is nothing in the Act which militates against the legal representatives of the deceased applicant being required to be brought on record so that the proceedings can continue. (B) Land A....