Madhya Pradesh High Court
Union Of India vs Jagannath (Dead) Lrs. Harprasad (Dead) ... on 18 April, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 18th OF APRIL, 2022
MISC. PETITION No. 2438 of 2018
Between:-
UNION OF INDIA THR GENERAL MANAGER
WEST CENTRAL RAILWAY THR DY. CHIEF
ENGINEER /CIV BPL WCR (C) DISTT. BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI S.K. SHRIVASTAVA, ADVOCATE)
AND
1. JAGANNATH (DEAD) LRS. HARPRASAD
(DEAD) THR LRS. DULICHAND KAMAL THR
LEGAL REPRESENTATIVE BHARAT SINGH S/O
LATE HARPRASAD R/O. VILL KARAIYA FARM
NEAR RAILWAY COACH FACTORY TEH
GOVINDPURA CIRCLE HUZUR DISTT.
(MADHYA PRADESH)
2. BABULAL S/O LATE HARPRASAD R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
3. HEMANT @ SONU LODHI S/O LATE
HARPRASAD R/O VILLAGE KARARIYA FARM,
NEAR RAILWAY COACH FACTORY, TEHSIL
GOVINDPURA CIRCLE HUZUR (MADHYA
PRADESH)
4. SEEMABAI D/O LATE HARPRASAD R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
5. SUDAMA BAI W/O LATE HARPRASAD R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
6. POORAN THROUGH LRS. DULICHAND (DEAD)
THROUGH LRS. SMT. MANIYA BAI W/O LATE
DULICHAND R/O VILLAGE KARARIYA FARM,
NEAR RAILWAY COACH FACTORY, TEHSIL
GOVINDPURA CIRCLE HUZUR (MADHYA
PRADESH)
7. SANTOSH SINGH S/O LATE DULICHAND R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
2
CIRCLE HUZUR (MADHYA PRADESH)
8. ARVIND SINGH S/O LATE DULICHAND R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
9. CHHAGANLAL S/O LATE DULICHAND R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
10. KAMAL SINGH (DEAD) THROUGH LRS. SMT.
DROPTI BAI W/O LATE KAMAL SINGH R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
11. AZAD SINGH S/O LATE KAMAL SINGH R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
12. LATA LODHI D/O LATE KAMAL SINGH R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
13. USHA LODHI D/O LATE KAMAL SINGH R/O
VILLAGE KARARIYA FARM, NEAR RAILWAY
COACH FACTORY, TEHSIL GOVINDPURA
CIRCLE HUZUR (MADHYA PRADESH)
14. RAJKUMARI @ PAPPI D/O LATE KAMAL
SINGH R/O VILLAGE KARARIYA FARM, NEAR
RAILWAY COACH FACTORY, TEHSIL
GOVINDPURA CIRCLE HUZUR (MADHYA
PRADESH)
15. STATE OF M.P. COLLECTOR BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHIV KUMAR SHARMA, ADVOCATE FOR
RESPONDENT NO.5 AND SHRI YASH SONI, GOVERNMENT
ADVOCATE)
This petition has come up for hearing on this day, the court passed
the following:
ORDER
Petitioner has filed this miscellaneous petition under Article 227 of the Constitution of India challenging order dated 13.12.2017 (Annexure-P/1) passed in Execution Case No.14/13.
By impugned order, application filed by petitioner under Order 1 Rule 3 10 read with Section 151 of the Code of Civil Procedure was rejected. Executing Court rejected the application on the ground that Union of India through Deputy Chief Engineer, West Central Railway, Bhopal was not party to award and proceedings. Proceeding was between Land Acquisition Officer and decree holders. Compensation amount has been determined by State of Madhya Pradesh. Union of India has nothing to do with the amount and, therefore, application is without substance and same was dismissed.
Petition is filed by Union of India on the ground that Railway Administration is necessary party in the matter as amount of compensation is to be paid by Railways. Railway Administration is in possession of land and State has acquired land for Railways. Executing Court had committed an error of law in dismissing the application as money is to be sourced from Railways which will be paid by State Administration.
Learned counsel appearing for private respondents opposed the application initially but during course of argument, it was found that Railway has not challenged award and neither reference order which has been passed by competent authority was challenged by Railways in higher forum. Compensation is to be paid to affected parties in accordance with award and order passed by Reference authority.
Since the award amount to be paid to affected parties is to be paid by Railways Administration which will be routed through Land Acquisition Officer, therefore, Railway is necessary party, therefore, respondent be directed to implead petitioner as party in the case because Railways and State are the parties who has to satisfy the award.
Learned counsel appearing for respondent No.1 does not have any objection if application is allowed. It is submitted that if Railway is party it will expedite the process of execution of the case.
In view of aforesaid submission, order dated 13.12.2017 is set aside. Application filed by petitioner under Order 1 Rule 10 read with Section 151 of the CPC is allowed. Decree holders are directed to make petitioner as 4 party in execution case pending before Court below.
Miscellaneous petition is allowed and disposed off. Executing Court is directed to conclude execution case within period o f six months and no un-necassary adjournment be granted to State of Madhya Pradesh and Union of India.
(VISHAL DHAGAT) Digitally signed by SHABANA JUDGE shabana ANSARI Date: 2022.04.29 15:55:49 +05'30'