UNION OF INDIA Vs. GIRWAR AND OTHERS

JUDGEMENT

(1.) On the basis of the notification issued under Sec. 4 of trio Land Acquisition Act on 6-4-1964 land situated in Village Badarpur was acquired, for public purpose for which declaration under Sec. 6 of the Act was made on 15-6-19G5. The Collector Land Acquisition made his award on 5-2-1974. On reference the compensation was enhanced by the Court through its award dated 1-2-1977 against which the appellant/Union of India preferred RFA No. 500/1977 which was admitted for hearing on 4-1-1978. In response to the notice as regards admission of appeal sent to the respondents namely - Shri Girwar and Shri Krishan Lal, neither they appeared in person nor got any vakalatnama of counsel filed in the court In accordance with the Rules of the Court, notice of actual date of hearing of appeal for 31-8-1984 was sent to both of them.

(2.) Girwar, it appears, expired on 22-12-1981. Steps were not taken by Union of India in its appeal to bring on record his legal representatives. On receipt of intimation of actual date of hearing Cross-objections (C.M. 1005/ 1984) were presented on 30-8-1984 jointly by Krishan Lal and the two sons of Girwar, namely - Ram Phool & Shahmal. It was stated that notice of hearing of appeal was served on Krishan Lal on 27-8-1984. Girwar had already expired. His two sons acquired knowledge of filing of appeal by Union of India only from the notice sent in the name of Girwar. Thus the Cross-objections were within time. C.M. 1006/1984 was also moved by the respondents under Order 41 Rule 33 read with section 151 Civil P.C. praying that the compensation be enhanced to Rs. 12,000.00 per bigha as awarded by this court in similar cases pertaining to acquisition of this Village. C. M. 1007/1984 was moved by the two sons of Girwar for substituting their names in place of Girwar. Notices of these applications were issued to the appellant. Another application (C.M. 550/ 1987) was also moved by the two sons of Girwar praying for condonation of delay in approaching the court for getting their names substituted in place of their father, Girwar, who died on 22-12-1981. Notice of this application was also issued to the appellant. Only one reply has been filed on 28-10-1988 in which the stand taken is that for not bringing on record the legal representatives of Girwar, within the period of limitation, the appeal preferred by Union of India had abated and since the appeal stood abated, Cross-Objections are not maintainable and the same deserved to be dismissed.

(3.) The appeal preferred by the Union of India was withdrawn on 2-2-1993 and it was dismissed as such. Only cross-objections and the other applications remain to be decided.