Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3409 of 2018 Petitioner :- Shri Chandra And Another Respondent :- Additional District And Sessions Judge And Another Counsel for Petitioner :- Rajnikant Pandey Counsel for Respondent :- Kaushalendra Nath Singh
Hon'ble Vivek Kumar Birla,J.
No one is present on behalf of the respondents even in the revised call of fresh cases.
Heard learned counsel for the petitioners and perused the record.
On the last date, learned counsel for the Noida has submitted that he has already deposited the amount and now the authority has no concern with the matter.
On 14.5.2018 following order was passed by this Court:-
"Heard Sri Vinod Kumar Sahu, learned counsel for the petitioners and Sri Vinayak, learned counsel holding brief of Sri K.N. Singh, learned counsel for the respondents.
Learned counsel for the petitioners prays for and is granted two weeks time to file supplementary affidavit placing on record the order passed by the executing court in Execution Case No. 16 of 2000 in LAR No. 396 of 1999 along with certified copy of the application filed by Jaimal @ Mamchand (decree holder no. 3), a photocopy whereof has been annexed as annexure no. 3 to the petition and to specifically state that the amount paid on 10.10.2003 at page 38 of the paper book was entire amount payable to all the four decree holders at that point of time. The certified copy of the order passed on the basis of paper no. 17Ga annexure 5 to the petition shall also be annexed with the supplementary affidavit.
On the request of learned counsel for the petitioners, put up on 28.5.2018 as a fresh case."
Pursuant to the aforesaid order, supplementary affidavit has filed today placing on record certified copy of the order dated 5.9.2013.
Present petition has been filed for setting aside the order dated 15.4.2017 passed by the respondent no. 1-Additional District and Sessions Judge, Court No. 1, Ghaziabad.
Submission of the learned counsel for the petitioners is that in land acquisition proceedings an award was passed in the year 1990. Not being satisfied with the aforesaid award the claimants filed reference under Section 18 of the Land Acquisition Act and the Reference Court enhanced the compensation from Rs. 34.71 per sq. yard to Rs. 108 sq.
yard. Aggrieved by the order of the Reference Court, the respondent-Noida authority approached this Court by filing First Appeal No. 250 of 2000. The appeal along with other appeals were dismissed. In the execution proceedings 16/2000 of Reference No. 396/91 (Dal Chandra vs. State), decree holder no. 3-Jaymal @ Mam Chandra (real brother of the petitioners) has given his right to the brothers- decree holders no. 1, 2 and 4 that they are entitled to receive the amount. Pursuant to the aforesaid compromise, on 10.10.2003 an amount of Rs. 64,91,227/- was released in favour of three brothers i.e. Dal Chand, Prem Singh and Sri Chandra and subsequently in February, 2004 a further sum of Rs. 19,88,360/- was further released in favour of the three brothers. Now after revision of rates enhanced amount is lying deposited. Submission is that the same is liable to be released in favour of the petitioners. It is submitted that under such circumstances, the order of the Court below that the compromise is a private document dated 5.9.2013 and since Jaymal @ Mam Chandra died long back the same cannot be considered, is wholly illegal.
Today learned counsel for the petitioners has filed certified copy of such compromise, which was duly verified and copies of the relevant orders dated 5.9.2003 and 9.10.2003. have also been annexed.
Under such circumstances, the impugned order dated 15.4.2017 passed by the respondent no. 1-Additional District and Sessions Judge, Court No. 1, Ghaziabad is not sustainable in the eye of law and is hereby set aside. The matter is remanded back to the Court below to pass fresh orders after putting the legal heirs of Dal Chand, who is reported to be dead, to notice.
The petitioners are directed to move appropriate application for placing the legal heirs of Dal Chand on record with correct address before the Court below for effective disposal of their application.
Present petition stands allowed with the observations/directions. No order as to costs.
Office is directed to send a copy of this order within seven days by FAX to the concerned Court below.
Order Date :- 28.5.2018 Abhishek