SHANTI SARUP Vs. UOI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 28.4.2007 passed by the Reference Court in respect of the land situated in village Gharonda Neemka Bangar, Delhi, covered under Award No. 6-C/1971-72(supplementary) made on 31.3.1977. The limited grievance of the appellants in the present appeal is that while passing the impugned judgment, they were not granted interest on the enhanced compensation for the acquired land at the market value as fixed by the Reference Court, for the period from the date of death of appellant No. 1, Shri Shanti Sarup, i.e., from 5.2.1988, till the date of filing of an application by his legal heirs under Order 22 Rule 3 and Section 151 CPC read with Section 53 of the Land Acquisition Act, 1894 (in short 'the Act'), i.e., till 5.7.2006, while excluding the period of 90 days granted for filing such an application. Similarly, the legal heirs of the deceased appellant No. 2, Shri Surender Nath, were held dis-entitled to interest on the enhanced compensation from the date of his death, i.e., from 30.4.1979, till the filing of the application by his legal heirs under Order 22 Rule 3 and Section 151 CPC read with Section 53 of the Act, i.e, till 5.7.2006, while excluding the period of 90 days granted for filing such an application.

(2.) Before dealing with the contentions raised by the counsel for the appellants, certain undisputed relevant dates are necessary for consideration. On 11.5.1977, a reference petition was filed by the predecessors-in-interest of the appellants under Section 18 of the Act. On 19.1.1979, a separate reference was forwarded by the Land Acquisition Collector under Sections 30 & 31 of the Act. On the same date, the Land Acquisition Collector also forwarded the amount as per the award made on 31.3.1977, to the Reference Court under Sections 30 & 31 of the Act. However, the reference under Section 18 of the Act was received by the Reference Court on 25.3.2006. On 5.7.2006, two applications were filed by the legal heirs of the appellants under Order 22 Rule 3 and Section 151 CPC read with Section 53 of the Act stating inter alia that they are predecessors-in-interest of appellant No. 1, Shri Shanti Sarup, who expired on 5.2.1988, and of appellant No. 2, Shri Surender Nath, who expired on 30.4.1979. Consequently, the legal heirs sought impleadment as appellants in the pending proceedings before the Reference Court.

(3.) The aforesaid applications were disposed of by the Reference Court, vide order dated 2.4.2007. While allowing the said applications, the learned Additional District Judge held that the appellants would not be entitled for the interest on the enhanced compensation for the intervening period, from the date of death of their predecessors-in-interest, namely, Shri Shanti Sarup and Shri Surender Nath, till the date of filing of the applications under Order 22 Rule 3 CPC, i.e., till 5.7.2006, except for the period of 90 days granted for filing of such applications. The aforesaid order was assailed by the appellants by preferring a petition under Article 227 of the Constitution of India, registered as CM (M) No. 540/2007, entitled "Shri Shanti Sarup and Ors. v. UOI and Ors.". However, the appellants (petitioners therein) sought to withdraw the said petition in view of the fact that in the interregnum, the impugned order dated 28.4.2007 came to be passed. Vide order dated 8.8.2008, the petition was permitted to be withdrawn, while granting liberty to the appellants herein to assail the order dated 28.4.2007 as per law.