DELHI DEVELOPMENT AUTHORITY Vs. LAND ACQUSITION COLLECTOR

JUDGEMENT

(1.) Heard. The prayer for substitution of the legal heirs of the deceased respondents No.6, 13 and 18 is not seriously opposed by the proposed legal heirs of the said respondents. Even otherwise, we see no reason to decline the prayer for substitution or condonation of delay in the making of the applications, which are supported by affidavits.

(2.) We, accordingly, allow CM Nos.1628/05, 1630/05 and 1632/05 and condone the delay in the making of the applications for substitution of the legal heirs of the deceased respondents No.6, 13 and 18. We also allow CM Nos.1629/05, 1631/05 and 1633/05 and bring on record the proposed legal heirs in place of deceased respondents No.6, 13, and 18. The cause title shall be amended accordingly.

(3.) In the course of the award proceedings no intimation or notice appears to have been issued to the petitioner-authority although it was entitled to the same in its capacity as the beneficiary of the acquisition. The award made by the Collector was on that ground challenged by the petitioner in W.P.(C). No.3140/2000, before this Court, which petition was allowed and the matter remanded back to the Collector for re-determination of the compensation. Relying upon the decision of the Supreme Court in Agra Development Authority Vs. Special Land Acquisition Officer and Ors., (2001) 2 SCC 646, this Court held that the requirement of section 50 of the Land Acquisition Act had not been complied with in as much as no notice had been issued to the beneficiary of the acquisition before determining the amount of compensation held payable to the expropriated land owners. The operative portion of the order passed by the Court reads as under: