Dhanraj vs The State Of Maharashtra
- Neutral2018 INSC 647
Ratio decidendi
The rule this decision rests on
Where a reference application under Section 18 of the Land Acquisition Act, 1894 has been dismissed for non-payment of court fee, the application may be restored on condition that the applicant pays the requisite court fee within the prescribed period, provided that if any enhancement is granted in the restored reference, the applicant shall forfeit all statutory benefits for the entire period from the original dismissal of the reference until the date of restoration.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 7311-7312/2018 (ARISING FROM SLP (C) NOS. 6907-6908/2016
DHANRAJ APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. This is a case where reference under Section 18 of the Land Acquisition Act, 1894 was dismissed for non payment of requisite court fee. Attempt for restoration was in vain. The High Court was also not inclined to interfere with the order passed by the Reference Court. Thus, the appellant is before this Court.
3. We find that in similar matters Reference Court has entertained the application(s) on condition of waiver of the statutory benefits for the period covered by delay, pursuant to the orders passed by the High Court.
4. The appeals are hence disposed of as follows:-
Subject to the appellant paying the required court fee, within one month from today, the application for reference will stand restored.
However, we make it clear that in the event of Reference Court granting any enhancement, the appellant shall not be
Signature Not Verified entitled to any statutory benefits for the Digitally signed by NARENDRA PRASAD Date: 2018.08.02 entire period i.e from the date of dismissal 15:50:01 IST Reason:
(07.02.2001) of the reference to this date (30.07.2018).
1 5. Pending applications, if any, shall stand disposed of.
6. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH]
.......................J. [SANJAY KISHAN KAUL] NEW DELHI;
JULY 30, 2018.
2
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