PUSHPA DEVI Vs. PREM LATA

JUDGEMENT

(1.) The appellants have called in question judgment and order dtd. 28/12/2004 passed by the learned District Judge, Udhampur, whereby reference made under Sec. 18 of the J&K Land Acquisition Act (hereafter to be referred as the Act) has been dismissed.

(2.) It appears that a reference was made by the Collector Land Acquisition, Udhampur on the basis of an application made under Sec. 18 of the Act to the said authority by applicants Jai Krishan, Bodh Raj and Harbans Lal as they have felt aggrieved of the rates assessed by the Collector for the land acquired by the State for laying down Railway Line on the land measuring 14 kanals 1 marlas in khasra No. 287 situated at village Tikri, District Udhampur. It also appears that during the pendency of the reference before the court below, Vasudev and Sriniwas made an application that they are the real owners of the acquired land and that original applicants, namely, Jai Krishan and Harbans Lal, who happen to be their sons had only acted on their behalf. It was prayed that they should be substituted and impleaded as petitioners in place of original applicants/their sons. Vide order dtd. 28/5/2004 passed by the learned District Judge, the application of Vasudev and Sriniwas was rejected. It also appears that third applicant, namely, Bodh Raj had made a statement before the District Judge on 27/12/2000 in which he had submitted that he would not prosecute the reference as a petitioner, whereafter nobody appeared on his behalf before the reference court.

(3.) After the dismissal of the application of Vasudev and Shriniwas, an application came to be filed by the respondents before the reference court seeking dismissal of the reference. During the pendency of the said application, the original applicants Jai Krishan and Harbans Lal filed an application before the reference court seeking permission to continue with the prosecution of the reference.