URBAN IMPROVEMENT TRUST JODHPUR Vs. GOKUL NARAIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment dated May 27, 1994 made in Civil Revision No. 553 of 1993 by a learned single Judge of the Rajasthan High Court at Jodhpur. The admitted facts are that under Section 52 of the Rajasthan Urban Improvement Act, 1959 (for short, the 'Act') the land of Gokul Narain, the first respondent, along with other lands for construction of over-bridge, was acquired and possession thereof was taken on June 22, 1965. The Additional Collector made his award on June 30, 1976 awarding a sum of Rs. 70,699.82 as compensation which included value of the building also. On appeal, the District Judge by order dated January 27, 1978 enhanced the compensation to Rs. 2/- per square foot. The appellant as well as the respondent carried the matter in revision to the High Court. By order dated March 18, 1983 the High Court remanded the matter to the District Judge, with certain directions, for fresh disposal thereof. The District Judge by order dated November 19, 1985 enhanced the compensation to Rs.

(3.) The Act was amended by Rajasthan Amendment Act 29 of 1987 which came into force w.e.f. August 1, 1987. By reason thereof, the Central Amendment Act 68 of 1984 became applicable to acquisition under the Act from August 1, 1987. Section 60A of the Act, as inserted by the Amendment Act 29 of 1987, made transitory provision applicable to the pending matters. Pending the special leave petition, the first respondent died on February 17, 1995. A notice was issued on January 2, 1995. When the notice was not served, the appellant was permitted to take out dasti service by order dated February 5, 1996 and when the notice was taken, the appellant was informed that the respondent had died. Consequently, application for substitution under Order 22, Rule 4, C.P.C. was filed on February 12, 1996. The legal representatives received the notice as per the orders of this Court dated March 18, 1996. We have heard learned counsel on both sides.