SHRIMATI DHANI DEVI WIDOW OF SHRI MANGAT RAMBACHHITAR Vs. COLLECTORLAND ACQUISITIONTALWARA
LAWS(HPH)-1981-11-5
HIGH COURT OF HIMACHAL PRADESH
Decided on
November 02,1981
SHRIMATI DHANI DEVI WIDOW OF SHRI MANGAT RAM, BACHHITAR
Appellant
VERSUS
COLLECTOR, LAND ACQUISITION, TALWARA.
Respondents
Referred Judgements :-
PHUMAN V. STATE OF PUNJAB [REFERRED TO]PRIVY COUNCIL TO HANSRAJ GUPTA V. DEHRA DUN MUSSOORIE ELECTRIC TRAMWAY CO. LTD. [REFERRED TO]
RAMAIAH V. SPECIAL LAND ACQUISITION OFFICER [REFERRED TO]
SMT. PULLAMMA V. ADDL,SPECIAL LAND ACQUISITION OFFICER [REFERRED TO]
BOMBAY GAS CO LIMITED VS. GOPAL BHIVA [REFERRED TO]
MANAGEMENT OF STATE BANK OF HYDERABAD VS. VASUDEV ANANT BHIDE [REFERRED TO]
UNION OF INDIA VS. SANWALIA [REFERRED TO]
RAM PIARI VS. UNION OF INDIA [REFERRED TO]
R P CONDUIT MFG CO VS. UNION OF INDIA [REFERRED TO]
ALIHUSEIN ABBASBHAI VS. COLLECTOR PANCHMAHALS [REFERRED TO]
RAMNIBAS JHUNJHUNWALLA VS. BENARASHI L JHUNJHUNWALLA [REFERRED TO]
ABDUL KARIM S/O ABDUL HAKIM VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF W B VS. DWIJENDRA CHANDRA SEN [REFERRED TO]
BHADAR MUNDA VS. DHUCHUA ORAON [REFERRED TO]
SHYAM SHANKAR SAHAI VS. STATE OF BIHAR [REFERRED TO]
HANSRAJ GUPTA VS. DEHRA DUN-MUSSOORIE ELECTRIC TRAMWAY CO LTD [REFERRED TO]
Cited Judgements :-
SHRIRAM FUEL INJECTION INDUSTRIES BALANAGAR HYDERABAD VS. ADDL INDUSTRIAL TRIBUNAL CUM ADDL LABOUR COURT HYDERABAD [LAWS(APH)-1997-9-77] [REFERRED TO]K POTHURAJU ALIAS KALYANAM VS. GOVERNMENT OF ANDHRA PRADESH REVENUE DEPARTMENT [LAWS(APH)-1999-4-18] [REFERRED TO]
ARUMUGHAM VS. T L RADHAKRISHNAN [LAWS(MAD)-1996-8-70] [REFERRED TO]
YOGESH VERMA VS. STATE OF H.P. [LAWS(HPH)-2003-10-2] [REFERRED TO]
COLLECTOR LAND ACQUISITION THEIN DAM PROJECT, BASOLI VS. SUNIT SHARMA [LAWS(J&K)-2006-4-32] [REFERRED TO]
BHAG SINGH AND OTHER VS. COLLECTOR LAND ACQUISITION HPPWD MANDI [LAWS(HPH)-2018-5-225] [REFERRED TO]
JUDGEMENT
V.D.Misra, C.J. -
(1.)Whether Order 22 of the Civil P. C. and the Limitation Act apply to proceedings before a court on reference under Section 18 of the Land Acquisition Act?' is the question which arises for determination,
(2.)The facts in the three cases are similar. In all these cases the claimants not being satisfied with the compensation awarded to them by the Collector asked the Collector to make references to the Court under Section 18 of the Land Acquisition Act (the Act), The references were duly made. During the pendency of the proceedings before the court, the claimants died. Applications under Order 22 of the Civil P. C. (the Code) for bringing the legal representatives on record were made. These applications were contested. It was inter alia contended that the applications were not made within limitation. The court found that the applications were barred as having not been made within the time allowed under the Limitation Act. The applications were dismissed and it was declared that the references have abated.
(3.)When these revisions came up be-fore me I found that High Courts have given conflicting decision on the question. I, therefore, decided to refer the matters to a larger Bench and that is how these matters are before us,
;
(2.)The facts in the three cases are similar. In all these cases the claimants not being satisfied with the compensation awarded to them by the Collector asked the Collector to make references to the Court under Section 18 of the Land Acquisition Act (the Act), The references were duly made. During the pendency of the proceedings before the court, the claimants died. Applications under Order 22 of the Civil P. C. (the Code) for bringing the legal representatives on record were made. These applications were contested. It was inter alia contended that the applications were not made within limitation. The court found that the applications were barred as having not been made within the time allowed under the Limitation Act. The applications were dismissed and it was declared that the references have abated.
(3.)When these revisions came up be-fore me I found that High Courts have given conflicting decision on the question. I, therefore, decided to refer the matters to a larger Bench and that is how these matters are before us,
;
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