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2001 DIGILAW 321 (PNJ)

Dyal Singh College Trust Society v. Land Acquisition Collector, Amritsar

2001-03-08

SWATANTER KUMAR

body2001
JUDGMENT Swatanter Kumar, J. - Dyal Singh College Trust Society, Karnal, has preferred this regular first appeal against the award passed by the learned Reference Court dated 15.6.1994. They claim enhancement of the compensation awarded. It may be noticed that in this appeal cross-objections have been filed on behalf of Ajnala Cooperative Sugar Mills Limited, who was not a party to the reference before the learned Reference Court. 2. It is contended by the learned Counsel for the objectors that they were necessary parties before the reference Court as they were beneficiaries of the acquisition as the land was acquired for their benefit. Thus, they were necessary parties and had a right to be heard before final award could be passed as they have to pay the compensation which is awarded by the learned Reference Court. 3. While learned Counsel for the appellant conceded that the sale deeds produced by the appellant before the respondent could not be read in evidence for non-production of vendee and/or vendor. Thus, they are liable to be rendered inadmissible in view of the judgment of the Supreme Court in the case of A.P. State Road Transport Corporation v. P. Venkaiah and others, AIR 1997 Supreme Court 2600 : JT 1997(5) SC 362 and Special Deputy Collector and another v. Kurra Sambasiva Rao and others, AIR 1997 Supreme Court 2625. 4-5. The learned Counsel for the State and even the other counsel fairly conceded that this is a fit case where the Court should remand the matter to the learned Reference Court for determination afresh in accordance with law. In view of the judgment of the Supreme Court in the case of National Aluminium Co. Ltd. v. Raj Kishore alias Sahu Jena and another, 1996(3) SCC 44, Ajnala Cooperative Sugar Mills Limited, Ajnala, was a necessary party and is entitled to be heard before the compensation is enhanced by the learned Reference Court. This court had the occasion to discuss this question in greater detail and after following the judgment of the Supreme Court it was held in the case of Union of India v. Dr. Balbir Singh, 1999(2) PLR 613, that the beneficiary is a necessary party and has a right to be heard. This court had the occasion to discuss this question in greater detail and after following the judgment of the Supreme Court it was held in the case of Union of India v. Dr. Balbir Singh, 1999(2) PLR 613, that the beneficiary is a necessary party and has a right to be heard. The interest of justice demands that the appellant should be given a fair opportunity to prove his case because the sale deeds would be rendered inadmissible as a result of pronouncement of the Supreme Court which is subsequent to the recording of the evidence in the present case. Reference in this regard can also be made to the judgment of this court in the case of Union of India v. Puran Banti, 1999(2) PLR 663. 6. For the reasons aforestated, the appeal and the cross-objections are accepted to the limited extent that the judgment under appeal is set aside. The matter is remanded to the learned Reference Court. With the consent of the parties the following directions are also issued :- (a) Ajnala Cooperative Sugar Mills Limited, Ajnala, shall be impleaded as a respondent before the reference Court. (b) The parties thereupon will be given opportunity to lead evidence afresh in accordance with law, but not party would be granted more than three opportunities to conclude its evidence. (c) It is also directed that the sale deeds which have already been exhibited but are inadmissible, the appellants herein would be granted opportunity to prove the same in accordance with law by producing vendor and vendees. (d) The reference may be answered by the learned Reference Court as expeditiously as possible and in any case within one year from the receipt of the records from this Court. (e) Learned counsel for all the parties stated that compensation has been deposited in Court by the objector and the same may be permitted to be deposited in a fixed deposit receipt in a nationalised Bank under the orders of learned Reference Court so that in the event of the amount being again enhanced, no time is unnecessarily spent and the claimants are not forced to take out execution and receive their money on account of compensation payable to them at the earliest. Ordered accordingly. 7. Ordered accordingly. 7. Learned counsel for the appellant prayed for the refund of the Court-fee which I am not inclined to grant because in the event of the appellant now preferring appeal, they only have to pay a court fee of Rs. 100/- and in any case the present appeal is being accepted though to a very limited extent. The Regular First Appeal and the cross-objections are both disposed of in the above terms. Appeal disposed of.