Himachal Pradesh High Court
The Land Acquisition Collector vs Baldev Singh on 20 April, 2018
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
RFA No. 746 of 2012 Decided on : 20.04.2018.
________________________________________________ The Land Acquisition Collector .....Appellant Versus Baldev Singh ...Respondent ________________________________________________ Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting? No For the Appellant : Mr. Desh Raj Thakur, Additional Advocate General with Mr. Kamal Kant, Deputy Advocate General.
For the respondent: Ms. Megha Kapoor Gautam, Advocate.
___________________________________________________ Ajay Mohan Goel, Judge.
CMPs(M) No. 11656 & 11657 of 2013 By way of these applications, the applicant/respondent has prayed for condonation of delay in filing the application to bring on record the legal representatives of the sole respondent, as also for setting aside the abatement and to bring on record the legal representatives of deceased respondent Baldev ::: Downloaded on - 20/04/2018 23:22:31 :::HCHP 2 Singh, whose details are mentioned in para-5 of CMP(M) .
No. 11656 of 2013.
2. No reply is intended to be filed to these applications.
3. It is not in dispute that respondent-Baldev Singh, whose legal representatives are sought to be brought on record, had died before the decision of the Reference Petition itself by the learned District Judge. In view of this fact, in my considered view, delay in filing the application to bring on record the legal representatives of the said deceased respondent in this appeal is not at all attributable to the State for the reason that it was the respondent, who had filed reference petition before the learned District Judge, therefore, onus was upon his legal representatives of the deceased respondent to have filed an appropriate application in this regard before the learned Reference Court.
2 ::: Downloaded on - 20/04/2018 23:22:31 :::HCHP 34. In the interest of justice, both these .
applications are allowed. Delay in filing the application to bring on record the legal representatives of the said sole respondent is condoned, the abatement is set aside and the legal representatives of the deceased respondent Baldev Singh, whose details are mentioned in Para-5 of CMP No. 11656 of 2013, are ordered to be substituted as respondents No. 1(a) to 1(c) in the memo of parties in place of deceased respondent Baldev Singh.
The applications stand disposed of in above terms.
Amended memo of parties is ordered to be taken on record.
RFA No. 746 of 2012.
5. It has been jointly stated at the Bar by learned Counsel for the parties that the issue raised in this appeal is squarely covered by the judgment passed by the Coordinate Bench of this Court in RFA No. 953 of 2012, titled as Land Acquisition Collector & another 3 ::: Downloaded on - 20/04/2018 23:22:31 :::HCHP 4 versus Jatinder Singh and the connected matters, .
decided on 01.01.2016 and this appeal be disposed of with the direction that the findings so returned by the Hon'ble Coordinate Bench shall mutatis mutandis applies to this appeal, also.
6. Accordingly, this appeal is disposed of with the direction that the findings returned by Hon'ble Coordinate Bench of this Court in RFA No. 953 of 2012, titled as Land Acquisition Collector & another versus Jatinder Singh and the connected matters, decided on 01.01.2016, shall mutatis mutandis apply to this appeal also and all directions so issued by the Hon'ble Coordinate Bench shall be construed as having been issued in this appeal, also.
7. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
April 20, 2018. (Ajay Mohan Goel) (hemlata) Judge 4 ::: Downloaded on - 20/04/2018 23:22:31 :::HCHP 5 .
5 ::: Downloaded on - 20/04/2018 23:22:31 :::HCHP