IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 WRIT PETITION NO. 9090 OF 2024 AMIR MEHBOOB TADAVI AND ANOTHER VERSUS SPECIAL LAND ACQUISITION OFFICER I AND ANOTHER Mr. I. K. Wagh h/f Mr. K. M. More, Advocate for the petitioners Mr. B. A. Shinde, AGP for the respondent/State Mr. D. B. Rasve h/f Mr. A. D. Pawar, Advocate for respondent No.2. CORAM : R. M. JOSHI, J. DATE : 18th MARCH, 2025 PER COURT :- 1. This petition takes exception to dismissal of LAR No. 567/2014 by impugned order dated 29.10.2018. There is no dispute to the fact that land belonging to the Petitioners is compulsorily acquired. Reference was made. However, the Petitioners failed to led evidence and this has resulted into rejection of the reference. 2. Learned counsel for the Petitioners, on instructions, makes a statement that the he will not seeks any monetary relief for the period from dismissal of the LAR till restoration thereof. 3. Herein this case after framing of the issues petitioner/original claimant had filed affidavit of evidence, however, thereafter he seems did not appear before the Reference Court, Reference Court proceeded to 935.9090.24.odt 1 of 2 2025:BHC-AUG:8128 reject the reference. 4. The position of law is fairly settled to say that reference cannot be dismissed in default so also it is not open for the Reference Court to dismiss reference on the basis of evidence collected by SLAO. Since this is a case of compulsory acquisition, Petitioners are entitled to receive reasonable compensation. Interest of justice requires that Land Acquisition Reference is restored. Voluntary statement made by Petitioners bout waiving interest for the aforementioned period takes care of the apprehension of the Respondents. 5. In view of this fact and also in view of the statement made by the learned counsel for the petitioner that he will not claim any interest on the enhanced amount of compensation from the date of dismissal of the reference till restoration of the same. 6. Since the proceedings are of the year 2008, learned Trial Court is directed to decide the proceeding within a period of six months from today. Parties to appear before the Trial Court on 28.03.2025. (R. M. JOSHI, J.) ssp 935.9090.24.odt 2 of 2