DEVI DAWAR TEMPLE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letter's Patent is directed against the judgment of a learned Single Judge in Civil Miscellaneous No. 303-CI of 1991 whereby the application filed by the appellant-Claimant under Section 5 of the Limitation Act seeking condonation of delay that occurred in filing the Regular First Appeal against the award of the Land Acquisition Court has been dismissed.

(2.) LAND measuring 2528, 25625 acres in village Bhucho Kalan, district Bhatinda belonging to different persons, including Devi Dawar Temple, the claimant-appellant (hereinafter called the Temple) was acquired as per notification of the State Government published on June 8, 1979 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and it was followed by a declaration under Section 6 of the Act. The Special Land Acquisition Collector, Jalandhar as per his award dated March 30, 1981 assessed the value of the land at the following rates :

(3.) THE Temple then filed a Regular First Appeal in this Court on December 21, 1990 impugned the award of the Land Acquisition Collector dated April 29, 1986. Since there was a delay of 4 years, 6 months and 27 days in the filing of the first appeal, the appellant also filed an application under Section 5 of the Limitation Act for condonation of the delay. The only ground on which the delay was sought to be condoned was that Jai Lal son of Shri Sher Chand who was the Mohtmim of the Temple had died on December 10, 1982 after filing the application under Section 18 of the Act and there was no Mohtmim of the Temple who could file an appeal in this Court on its behalf. It was stated that Baba Khem Singh of Bhucho Kalan was appointed Mohtmim by a resolution of the General Public on June 3, 1988 and thereafter he took some time in consolidating all the properties movable and immovable belonging to the Temple. It was farther averred in the application that on May 9, 1990 Baba Khem Singh moved the Land Acquisition Court on behalf of the Temple for the payment of the amount of compensation as awarded by the Additional District Judge, Bhatinda. This application is stated to have been allowed and after applying for a certified copy of the judgment the appeal was filed. Notice of this application was issued to the Union of India and when the matter came up for hearing, the learned Single Judge dismissed the application holding that the same was lacking in bonafides and that the reasons mentioned in the application had been cooked up only for the purpose of filing an appeal. The learned Judge was of the opinion that Baba Khem Singh was not a genuinely appointed Mohtmim of the Temple. The application for condonation of delay was accordingly dismissed. While dismissing the application learned Judge directed the Inspector General of Police (Crime) Punjab to hold an enquiry into the manner in which Baba Khem Singh was appointed as Mohtmim of the Temple, the assets of the Temple, the existing state of affairs of the Temple and its property etc.