Delhi District Court
Union Of India vs Amar Singh & Ors on 16 February, 2008
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IN THE COURT OF SHRI YASHWANT KUMAR :
ADDITIONAL DISTRICT JUDGE (LAC) : DELHI
LAC No.122/2/06
Union of India Versus Amar Singh & Ors
O R D E R
1 By way of this combined order, I shall dispose of the application dt. 10.08.1989 filed by Jacks Aviation Pvt. Ltd. and the applications filed by M/s Man Sarovar Irrigation Pvt. Ltd. u/o 22 rule 10 CPC for their substitution in this reference u/sec. 3031 of the LA Act.
2 In the application filed by the Jacks Aviation Pvt. Ltd. wherein it is stated that the interested persons (hereinafter referred to as IPs) namely, Khacheru, Smt.Lachhmi, Hari Singh, Smt.Gobindi, Gordhan, Dhan Singh @ Dhanna, Rai Singh, Om Parkash & Hukam Singh have transferred their all rights of the land in question against which they have claimed to the applicant namely Jacks Aviation Pvt. Ltd. vide the registered sale deed dt. 02.05.1989. Photocopies of all the said sale deeds, as per the applicant have been filed on record. Therefore, the applicant Jacks Aviation Pvt. Ltd. has acquired bhumidari rights under the provisions of DLR Act, 1954 and entitled to be substituted in place of the aforesaid IPs to receive the compensation of the land. Objections to the application dt. 10.08.1989 for substitution of M/s Jacks Aviation Pvt. Ltd. have also 2 been filed by the LRs of IP no.5/ Sh.Om Parkash S/o Sh.Amrit, the LRs of IP no.6/ Sh.Hari Kishan, LRs of IP no.7/ Sh.Raghubir S/o late Sh.Rai Singh, LRs of IP no.9/ Sh.Hukam Singh @ Hukami S/o Sh.Munshi, IP no.10/Smt.Laxmi Devi wd/o Sh.Kartar, the LRs of IP no.11/ Sh.Dhan Singh S/o Sh.Lahru, IP no.13/ Smt.Govindi Wd/o Sh.Tek Chand, the LRs of IP no.15/ Sh.Om Prakash S/o Sh.Khacheru, LRs of IP no.15/ Sh.Om Parkash S/o Sh.Khacheru, etc. Reply to the objection of LRs of IP no.9/ Sh.Hukam Singh has also been filed on behalf of M/s Jacks Aviation.
3 In the application, M/s Mansarovar Irrigation Pvt. Ltd. has stated that the IPs who have claimed for compensation have also transferred their rights by executing sale deeds/ assignment deeds dt. 22.06.1989 which was registered with the office of the Sub Registrar, Delhi in favour of the applicant M/s Mansarovar Irrigation Pvt. Ltd. As per the applicant, the photocopies of the said assignment deeds have been filed on record. Therefore, the applicant M/s Mansarovar Irrigation Pvt. Ltd. is entitled to be substituted in place of the aforesaid IPs to receive the compensation of the land. Objections to the claim petition filed by M/s Mansarovar Irrigation Pvt. Ltd. and objection for substitution of M/s Mansarovar Irrigation Pvt. Ltd. have been filed by IP no.16/ Sh.Om Parkash S/o Sh.Khacheru, IP no.21 namely, Ram Chander, Ram Kumar, etc. Reply to the objection of IP no.16 has been filed on behalf of Man Sarovar Irrigation Pvt. Ltd.
34 I have heard the Ld. Counsel for the parties and have perused the materials on record.
5 Perusal of the record reveals that the applicants namely, Jacks Aviation Pvt. Ltd. and M/s Mansarovar Irrigation Pvt. Ltd. have filed the aforesaid applications for their impleadment in this reference u/sec. 3031 of the LA Act on the ground that the IPs claiming compensation in the land in question had already transferred their rights, title and interest in favour of the applicants herein by executing the registered sale deeds and assignment deeds and the copies of the sale deeds and assignment deeds have been filed on record. Perusal of the record also reveals that the Gaon Sabha has also raised the objections to the claims of the IPs on the grounds that IPs are neither bhumidhar nor have any right, title or interest in the land acquired vide the award in question. Perusal of the Naqsha Mutzamin pertaining to the land in question situate at village Tikri Khurd, Delhi acquired vide the award no.148/198687 further reveals that Gaon Sabha is the recorded owner of the land in question, meaning thereby, three claimants i.e. Gaon Sabha, IPs and applicants are claiming for compensation of the land acquired in question and the right, title and interest of the claimants/ applicants can only be decided after giving opportunity to lead their evidence. The proceedings of this reference is at the stage of pleadings after receiving of this reference from the concerned Land Acquisition Collector in the reference court from 10.03.1988. The applications were filed by the applicants in the year 1989 and 1990. If the 4 claimants and the applicants would have been given an opportunity after impleadment of the applicants to lead their evidence, the right, title and interest of the claimants/ applicants could have been decided long back. In view of the above facts & circumstances, I am of the considered opinion that the applicants be given an opportunity to prove the right, title and interest in the land in question. Thus, the aforesaid applicants Jacks Aviation Pvt. Ltd. and M/s Mansarovar Irrigation Pvt. Ltd. are impleaded as necessary and proper party in this reference. Accordingly, the applications filed by the applicants are allowed. No order to costs.
Now, to come up for filing of the amended memo of parties, filing of claim petitions, replies to the claim petitions already filed, LRs evidence, arguments and disposal of LRs application on 29.03.2008.
Announced in open court ( YASHWANT KUMAR )
on 16.02.2008 ADDL. DISTRICT JUDE (LAC)
DELHI
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LAC No. 122/2/06
16.02.2008
Present : None
Vide separate order dictated and announced in the open court, the application dt. 10.08.1989 filed by Jacks Aviation Pvt. Ltd. and the applications filed by M/s Man Sarovar Irrigation Pvt. Ltd. u/o 22 rule 10 CPC are allowed. No order to costs.
Now, to come up for filing of the amended memo of parties, filing of claim petitions, replies to the claim petitions already filed, LRs evidence, arguments and disposal of LRs application on 29.03.2008. Meanwhile, court notices be issued to the unserved IPs for the next date.
ADJ/LAC/DELHI/16.02.2008