BEENA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE four petitioners claim to be the daughters of a pre-deceased son of the respondent no.2 Shri Ramanand. THE land, claimed to be belonging to HUF of Shri Ramanand is stated to have been acquired and it is stated that the compensation therefor is lying with the respondent no.1 LAC, North West, Kanjhawala, Delhi. THE petitioners contend that the respondent no.2 is of old age and of unsound mind and the other two sons of the respondent no.2 are attempting to appropriate the entire compensation unto themselves. This writ petition has been filed to restrain the release of the compensation to the respondent no.2.

(2.) THE petitioners, if have any claim to the compensation were/are required to make the same in accordance with law before the concerned authorities and if any dispute arises with respect thereto, to seek a reference of the same to the District Judge. Moreover if the respondent no.2 is stated to be a person of unsound mind, proceedings for appointment of the guardian of his person and property ought to have been initiated and without the procedure prescribed in law being taken, cannot restrain the release of compensation to the respondent no.2.

(3.) THE counsel for the petitioners at this stage states that the matter is listed next before the respondent no.1 LAC tomorrow i.e. 2nd August, 2011 for release of the amount. He seeks deferment thereof by seven days to enable the petitioners to prefer appropriate remedies and to seek orders therein.