JAI PRAKASH Vs. PUSHPA

JUDGEMENT

(1.) This revision petition is directed against the order dated 6th November, 1999 passed by the Additional District Judge, Delhi in the Land Acquisition Case No. 140/1990 arising out of Award No. 2/78-79 Village Kondli directing for substitution of the names of the petitioners and also of the respondents in place of deceased Ram Nath.

(2.) The father of the petitioners late Shri Ram Nath was the owner of agricultural land in Village Kondii, Tehsil Shahdara, Delhi. It is an admitted position that in respect of the said land he was a recorded Bhumidar as the land in question was agricultural land. The said land came to be acquired by the Government under a Notification issued under Sections 4, 6 & 17 of the Land Acquisition Act on 25.2.81. An Award in respect of the said acquisition proceedings came to be passed by the Collector on 31.1.82. However, the predecessor-in- interest of the petitioners being aggrieved by the award and fixation of the amount of compensation in the said land acquisition proceedings by the Collector preferred a petition under Section 18 of the Land Acquisition Act on the basis of which a reference case was registered being LAC NO. 140/90 in the Court of the Additional District Judge, Delhi.

(3.) During the pendency of the aforesaid case predecessor in interest of the petitioners Ram Nath died on 13.11.90 leaving behind them and his wife and the respondents as the legal heirs. Accordingly an application was filed contending, inter alia, that the names of the petitioners be substituted in place of deceased Ram Nath. It was also contended that although the deceased has left behind his widow Smt. Bhagwati and two daughters Smt. Santosh and Smt. Pushpa their names cannot be substituted in view of the provisions of Section 50 of the Delhi Land Reforms Act. Smt. Pushpa and Smt. Santosh, daughters of deceased Ram Nath contested the aforesaid application contending, inter alia, that the land in dispute after acquisition would be governed by the provisions of the Hindu Succession Act and not by the provisions of the Delhi Land Reforms Act and, therefore, they are also to be impleaded in the proceedings as legal representatives of the deceased Ram Nath.