BHAGWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The land measuring 10 kanals 3 marlas comprised in Khasra No. 7/7, 8/1, 14/2, belonging to Bhagwan Singh was acquired by the State of Haryana. Notification under Section 4 of The Land Acquisition Act for short 'the Act'), was published in the Govt. Gazette (Extraordinary), Govt. of Haryana, dated 22.6.1973, and another notification under Section 6 of the Act was made on 21.1.1975. The Land Acquisition Collector awarded Rs. 12,240/- per acre for the area acquired and also awarded Rs. 16,821/- for the trees standing thereon. The claimant, Bhagwan Singh, filed a reference under Section 18 of the Act. The said reference was decided by the Additional District Judge Ambala, on 7.8.1980, vide which, the claimant was held entitled to enhance compensation at the rate of Rs. 23,750/- per acre for the acquired area, and solatium at the rate of 15% on the enhanced compensation on account of compulsory acquisition, and further interest at the rate of 6% from the date of taking possession of acquired land till the date of payment of the amount. No increase in the valuation of trees was made by the Additional District Judge.

(2.) Bhagwan Singh challenged the award of the Additional District Judge, before this Court. When this matter came up before G.C. Mittal, J. (as his lordship then was), he vide his order dated 3.9.1987 observed as under :-

(3.) In pursuance of the aforesaid orders, the Additional District Judge, Ambala, after giving an opportunity of leading evidence to the parties, vide his report dated 25.5.1988, determined that the claimant is entitled to Rs. 51,690/-, which amount includes the value of fruit and timber trees standing in the orchard comprised in Khasra No. 7/7, 8/1, 14/2, measuring 10 kanals 3 marlas. The date on which the report was placed on record, an application was filed by Iqbal Singh and Devinderpal Singh sons of Bhagwan Singh, under Order 22, Rule 4 Civil Procedure Code, for bringing them on record as legal representatives of Bhagwan Singh, deceased. It was stated in the said application that Bhagwan Singh died on 25.2.1988, and on the basis of Will dated 12.11.1987 executed by their father, Bhagwan Singh, they are entitled to be impleaded as legal representatives. This application was allowed subject to all just exceptions.