GARIB CHAND AND ORS. Vs. UTTAMI AND ORS.

JUDGEMENT

(1.) These two revision petitions are directed against an order dated July 26, 1972, of the learned District Judge, Kangra Division, refusing to implead the Petitioners in a reference under Sec. 30 of the Land Acquisition Act.

(2.) A parcel of land in village Tikka Barar, Mauja Sathana, Tehsil Dehra, District Kangra, was acquired under the Land Acquisition Act and compensation was assessed by the Collector. Munshi Ram and certain other persons filed objections before the Collector claiming that they were proprietors in the village and were entitled to share the compensation. Acting under Sec. 30 of the Act the Collector referred the matter to the learned District Judge, Kangra Division. During the pendency of the reference before the learned District Judge, the Petitioners applied for being impleaded as parties in the proceeding. It was contended by them that they were also proprietors of the village, that the land acquired was Shamilat land and as proprietors they had rights in it, and therefore, they had personal interest in the land within the meaning of the Act, and consequently they should be paid their share of the compensation.

(3.) The applications were resisted by the Respondents Uttami Devi and others, who contended that they were proprietors of the land and the Petitioners enjoyed no right or interest in it. It was also urged that the learned District Judge had no jurisdiction to implead the Petitioners as parties, and that the applications filed by the Petitioners were barred by limitation.