High Court Punjab-Haryana High Court

Haryana State Industrial … vs Partap Singh And Others on 13 August, 2009

Punjab-Haryana High Court
Haryana State Industrial … vs Partap Singh And Others on 13 August, 2009
      In the High Court of Punjab and Haryana at Chandigarh


                                Civil Revision No.4581 of 2009
                                Date of Decision:August 13, 2009

Haryana State Industrial Development Corporation Limited



                                            ---Petitioner


                   versus


Partap Singh and others



                                            ---Respondents

Coram:      HON'BLE MRS. JUSTICE SABINA

                 ***
Present:    Mr. Hemant Bassi,Advocate,
            for the petitioner

                   ***

SABINA J.

Respondents-Partap Singh and others have sought a reference

under Section 18 of the Land Acquisition Act. Notice of the same was

issued to the petitioner. Vide the impugned order dated 27.4.2009 passed

by additional District Judge, Faridabad (Annexure P-2), the defence of the

petitioner has been struck off. Hence the present revision petition.

The impugned order dated 27.4.2009 reads as under:-

“Written statement not filed by any of the respondents despite

last opportunity. Perusal of the file reveals that appearance on

behalf of the respondents No. 1 and 2 was made on 4.9.2007

and appearance on behalf of respondent No. 3 was made on

3.10.2008. A period of more than one and half years has
Civil Revision No.4581 of 2009 -2-

expired and ever since then numerous opportunities have been

granted to the respondents but they have failed to file written

statement. Today was the last opportunity but the respondents

failed to avail even that opportunity. Thus, what is evident is

that CPC provides a period of ninety days but a period of

twenty months have been availed by the respondents No. 1 and

2 and more than six months by respondent HSIDC but they

have not been able to file the written statement. In these

circumstances, I decline the request of learned GP and his

proxy counsel to grant further opportunity to file the written

statement. The defence of all the respondents is hereby struck

of. Case is now adjourned to 22.7.2009. File be now put up

along with the connected references of the same Award.”

Learned counsel for the petitioner has submitted that only one

opportunity be granted to the petitioner to file its written statement. Now

the case is listed before the trial court on 25.9.2009 for further proceedings.

A perusal of the interim orders placed on record reveals that

although sufficient opportunities had been granted to the petitioner to file its

written statement, still interest of justice demands that one more

opportunity be allowed to the petitioner to file its written statement.

Respondents-Partap Singh and others can be compensated with costs.

The judiciary is respected not on account of its power to

legalise injustice on technical grounds but it is capable of removing

injustice and is expected to do so. Accordingly, this revision petition is

allowed. Petitioner is directed to file its written statement on the date fixed
Civil Revision No.4581 of 2009 -3-

before the Reference Court i.e. 25.9.2009 subject to payment of Rs. 2500/-

as costs. The reference court shall then proceed further with the matter in

accordance with law.

(SABINA)
JUDGE

August 13, 2009
PARAMJIT