STATE OF PUNJAB Vs. TEJ KAUR

JUDGEMENT

(1.) This petition is directed against the order of the Executing Court dated September 19, 1983, whereby the application filed on behalf of the legal heirs of Harnek Singh, deceased, was allowed.

(2.) Certain land belonging to three brothers, Jarnail Singh, Mohinder Singh and Harnek Singh, was acquired. Award was given by the Collector on February 26, 1970. Reference under section 18 of the Land Acquisition Act (hereinafter called the Act), was claimed by the claimants. The Additional District Judge, Barnala, vide order dated December 9, 1974, enhanced the amount of compensation. During the pendency of the reference before the Additional District Judge, Harnek Singh, one of the claimants, died and his legal representatives were brought on the record. Dissatisfied with the order of the Additional District Judge, dated December 9, 1974, only Jarnail Singh and Mohinder Singh filed Regular First Appeal No. 165 of 1975 (Jarnail Singh v. State of Punjab), in this Court. The said appeal was allowed by this Court on November 27, 1980, and the amount of compensation was further enhanced. Admittedly, no appeal was filed by the legal representatives of Harnek Singh, deceased, nor they were parties to the appeal filed by Jarnail Singh and Mohinder Singh in this Court. The present application giving rise to this revision petition was filed on behalf of the legal representatives of Harnek Singh who claimed compensation at the rate which was allowed by this Court in the abovesaid regular first appeal. That application was contested on behalf of the State of Punjab on the ground that they had never filed any appeal against the order of the Additional District Judge, dated December 9, 1974, and, therefore, they were not entitled to the enhanced compensation as ordered by this Court in the abovementioned regular first appeal. However, the learned Additional District Judge, relying upon State of Haryana v. Bishan Singh,1981 PunLJ 40 and Punjab State v. M/s. Globe Motors, 1981 PunLJ 73, allowed the application and directed the State Government to pay the enhanced amount of compensation in terms of this Court judgment dated November 27, 1980, in the above-mentioned regular first appeal. Dissatisfied with the same, the State of Punjab has filed this revision petition in this Court.

(3.) After hearing the learned counsel for the parties, and going through the rulings relied upon by the Additional District Judge, I am of the considered opinion that the learned Additional District Judge has acted illegally and with material irregularity in the exercise of its jurisdiction causing failure of justice.