CHANDI DECD THR LRS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought against order of Additional District Judge dated March 7, 1978 passed acting as Court of reference under the and Acquisition Act dismissing the application of the petitioners for being substituted as legal representatives of deceased Durga on the ground that the reference made under Section 18 of the Land Acquisition Act stood abated as the application was not moved within 90 days of the death of Sh. Durga.

(2.) Facts, in brief, are that notifications under Sections 4 & 6 of The Land Acquisition Act had been issued for acquiring 365 bighas. 4 biswas of land in Village Bahapur and award was made in respect of some of the acquired land on March 13, 1962 by the Land Acquisition Collector.

(3.) Sh. Durga was an occupancy tenant on some portion of the land which was owned by Delhi Simla Catholic Church Dioecese. The compensation was granted to Sh. Durga at the rate Rs.25 per sq. yd. Sh. Durga had moved an application under Section 18 of The Land Acquisition Act before the Land Acquisition Court of Additional District Judge praying for enhancement of compensation on various grounds. Delhi Simla Catholic Church Diocese had also moved an application under Section 18 for enhancement of the compensation.