RAMKALI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shiv Sagar Singh, the learned counsel for the petitioners and Sri Anurag Khanna. the learned counsel for respondent No. 2,

(2.) Since a pure question of law is involved, the writ petition is being disposed of at the admission stage itself without calling for a counter affidavit.

(3.) The land of the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3 was acquired under the Land Acquisition Act for New Okhla Industrial Development Authority, commonly known as NOIDA. Against an offer made by the Special Land Acquisition Officer, the claimant filed a reference under Section 18 of the Land Acquisition Act and an award was given by the District Judge, against which, NOIDA filed a First Appeal before this Hon'ble Court in which an interim order for the payment of the compensation to the heirs of the claimant, was passed. Against the said award, the petitioners also filed a First Appeal for the enhancement of the compensation. Prior to the award given by the District Judge, the husband of petitioner No. 1 and father of petitioner Nos.1 and 2 died and therefore, the first appeal was filed by the present petitioners before the High Court. During the pendency of the First Appeal, the petitioners moved an application before the Court below for the sub stitution of their names, declaring themselves to be the heirs of the deceased and ', rightful claimants of the compensation awarded under Section 18 of the Act. The executing Court by an order dated 17-5-2006 directed the petitioners to file a succession certificate so that their names could be substituted and the compensation could be released. Aggrieved, the petitioners have filed the present writ petition.