JUDGEMENT
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(1.) Heard Sri Shiv Sagar Singh,
the learned counsel for the petitioners and
Sri Anurag Khanna. the learned counsel for
respondent No. 2,
(2.) Since a pure question of law is involved,
the writ petition is being disposed of
at the admission stage itself without calling
for a counter affidavit.
(3.) The land of the husband of petitioner
No. 1 and father of petitioner Nos. 2 and 3
was acquired under the Land Acquisition Act
for New Okhla Industrial Development Authority,
commonly known as NOIDA. Against
an offer made by the Special Land Acquisition
Officer, the claimant filed a reference
under Section 18 of the Land Acquisition
Act and an award was given by the District
Judge, against which, NOIDA filed a First
Appeal before this Hon'ble Court in which
an interim order for the payment of the
compensation to the heirs of the claimant, was
passed. Against the said award, the petitioners
also filed a First Appeal for the enhancement
of the compensation. Prior to the award
given by the District Judge, the husband of
petitioner No. 1 and father of petitioner
Nos.1 and 2 died and therefore, the first appeal
was filed by the present petitioners before
the High Court. During the pendency of the
First Appeal, the petitioners moved an application
before the Court below for the sub stitution
of their names, declaring themselves to be
the heirs of the deceased and ',
rightful claimants of the compensation
awarded under Section 18 of the Act. The
executing Court by an order dated 17-5-2006
directed the petitioners to file a succession
certificate so that their names could
be substituted and the compensation could
be released. Aggrieved, the petitioners have
filed the present writ petition.;
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