BACHITTAR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) By this judgment I shall dispose of F.A.O. Nos. 134 and 135 of 1969, in which the parties are the same, the facts are practically the same and that common questions of law are involved.

(2.) The facts of this case are that Punjab Government vide Notification No. 666-3JJ-66/1391 dated 1-12-1966 u/s 4 of the Land Acquisition Act and No. 666-3JJ-66/,1396 dated 1- 12-1966 u/s 6 of that Act acquired land measuring 463.95 situated in village Baddowal, tehsil and district Ludhiana for a public purpose and this land included two plots belonging to Bachittar Singh and Naranjan Singh sons of Gian Singh of that village, measuring 52 Kanals 15 Marlas and 69 Kanals 8 Marlas. The Land Acquisition Collector vide his award dated 7th May, 1967 awarded compensation to the various owners of the acquired land. Naranjan Singh and Bachittar Singh were not satisfied with this award and, therefore, they made an application on 11th September, 1967 under Section 18 of the Land Acquisition Act (hereinafter called the Act), to the Collector for making a reference to the District Judge, Ludhiana to determine the correct area of their acquired land and also to award them proper compensation. The Land Acquisition Collector made reference to the District Judge, Ludhiana vide his order dated 23rd August, 1967 which was received in the Court of the District Judge on 31st October, 1968. The District Judge transferred this case for disposal to the First Additional District and Sessions Judge vide order dated 2nd November, 1968. The Additional District Judge issued notices to the parties by order dated 4th December, 1968 for 3rd January, 1969. The counsel for the parties appeared on that day but the replies were not filed and then their case was adjourned to 15th January, 1969 and then to 27th January, 1969 and, thereafter to 4th February, 1969 for the same purpose. The Additional District Judge on 4th February, 1969 directed that the Collector had referred to the Court two applications by a single order and that these references should be registered separately and the Collector should file one copy of the award in each of these references.

(3.) On 7th February, 1969 an application dated 4th February, 1969 was filed by Ravinder Singh and Harinder Singh sons of Naranjan Singh alleging that their names may be brought on the file as legal representatives of their father, Naranjan Singh, who had died on 20th November, 1967. The respondent Government contested this application for appointment of legal representatives alleging that this application was barred by limitation as it was made after the expiry of 90 days from the date of death of the deceased and it should be dismissed with costs. From these pleadings of the parties the following issues were framed in the case out of which F.A.0. 134 of 1969 has arisen :-