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
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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
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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