{"id":10989,"date":"2008-10-16T00:00:00","date_gmt":"2008-10-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/parkash-and-others-vs-kale-ram-deceased-through-l-rs-on-16-october-2008"},"modified":"2016-10-16T21:16:28","modified_gmt":"2016-10-16T15:46:28","slug":"parkash-and-others-vs-kale-ram-deceased-through-l-rs-on-16-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/parkash-and-others-vs-kale-ram-deceased-through-l-rs-on-16-october-2008","title":{"rendered":"Parkash And Others vs Kale Ram (Deceased) Through L.Rs on 16 October, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Parkash And Others vs Kale Ram (Deceased) Through L.Rs on 16 October, 2008<\/div>\n
R.F.A. No. 1473 of 1989                                    [1]\n\n              IN THE HIGH COURT OF PUNJAB AND HARYANA\n                         AT CHANDIGARH\n\n\n                                   Date of decision: October 16, 2008\n\n(1)     R.F.A. No. 1473 of 1989\n\nParkash and others\n                                                                 ..Appellants\n        v.\n\nKale Ram (deceased) through L.Rs.\nand others\n\n                                                                 .. Respondents\n\n(2)     R.F.A. No. 2622 of 1989\n\nKale Ram (deceased) through L.Rs.\n                                                                 .. Appellants\n        v.\n\nState of Haryana and others\n                                                                 .. Respondents\n\n\n\nCORAM:          HON'BLE MR. JUSTICE RAJESH BINDAL\n\nPresent:        Mr. Harminderjit Singh, Advocate for the appellants\n                in R.F.A. No. 1473 of 1989.\n\n                Mr. Manmohan Singh, Senior Advocate with\n                Mr. Adish Gupta, Advocate for the appellants in\n                R.F.A. No. 2622 of 1989 and for respondent No.1\n                in R.F.A. No. 1473 of 1989.\n\n                Mr. Sarwan Singh, Senior Advocate with\n                Mr. N.S. Rapri, Advocate for Parkash, Jagdish\n                and Jeetu.\n\n                Mr. H.S. Hooda, Advocate General, Haryana with\n                Mr. Rajiv Kawatra, Senior Deputy Advocate General,\n                Haryana for the State.\n\n                Mr. A. P. Bhandari, Advocate for respondent No.4\n                in R.F.A. No. 2622 of 1989.\n                                    ..\n<\/pre>\n
Rajesh Bindal J.\n<\/p>\n
                This order shall dispose of the above mentioned two appeals bearing
\nNos. 1473 and 2622 of 1989 arising out of the same acquisition.\n<\/p>\n
 R.F.A. No. 1473 of 1989                                     [2]<\/p>\n
                R.F.A. No. 2622 of 1989 has been filed by Kale Ram, who claimed
\nhimself to be the power of attorney holder of the owners of land. The power of
\nattorney was executed on 6.6.1962 (registered on 7.6.1962) which, according to
\nthe counsel for the appellants, is irrevocable in nature.\n<\/p>\n
                The appellants in R.F.A. No. 1473 of 1989 are the recorded owners
\nof the land who had executed the power of attorney in favour of Kale Ram
\nregarding the land in dispute on 6.6.1962 after taking a sum of Rs. 80,000\/- which,
\naccording to them, was revoked on 21.1.1985.\n<\/p>\n
                Briefly, the facts are that land measuring 37.3 acres situated in
\nVillage Anangpur, Hadbast No.2, Tehsil Ballabgarh, District Gurgaon was
\nacquired vide notification dated 9.7.1973 issued under Section 4 of the Land
\nAcquisition Act, 1894 (for short, `the Act’) for development and utilisation of land
\nas residential area in Sector 37, Faridabad. The same was followed by notification
\nunder Section 6 of the Act. The Land Acquisition Collector (for short, `the
\nCollector’) gave award of Rs. 488\/- per Biswa Karm for Chahi, Nammor, Gair
\nMumkin Chahi, Banjar Kadeem, Gair Mumkin road and Gair Mumkin Factory and
\nRs. 250\/- per biswa for Gair Mumkin land. Aggrieved against the same, the land
\nowners filed objections which were referred to the learned Additional District
\nJudge, Faridabad, who keeping in view the material placed on record by the
\nparties, determined the fair value of the land at Rs. 18\/- per square yard for all
\nkinds of land.\n<\/p>\n
                Learned counsel appearing for Kale Ram-appellant submitted that a
\nbare perusal of the power of attorney dated 6.6.1962 executed by the appellants in
\nR.F.A. No. 1473 of 1989 shows that the same was irrevocable in nature. In fact,
\nthe entire sale consideration for the land had been paid by Kale Ram and the title
\nof the property stood transferred in his name. There was no question of revocation
\nof the power of attorney executed way back on 6.6.1962 in his favour on 21.1.1985
\nand that too nearly 13 years after the acquisition with the allegation that the owners
\napprehended misappropriation of the property in the hands of power of attorney
\nholder. Relying upon Dr. G.H. Grant v. The State of Bihar, AIR<\/a> 1966 SC 237;
\nSeth Loon Karan Sethiya v. Ivan E. John and others<\/a>, AIR 1969 SC 73; Himalaya
\nTiles and Marble (P) Ltd. v. Francis Victor Coutinho<\/a> (dead) by L.Rs., AIR 1980
\nSC 1118;       Niranjan Singh and others v. Amar Singh and others<\/a>, AIR 1984 SC
\n250; Ramesh Mohan and another v. Raj Krishan and others, 1984 PLR 211;
\nMurti Shree Ram Chander Ji Maharaj v. State of Haryana,<\/a> 1987 PLJ 131; Smt.
\nAmbey Devi v. State of Bihar and another, AIR 1996 SC 1513; Dattaram Deu
\nDesai and others v. Shri Nirakar Devasthan of Palolem and others, 2000 AIHC
\n R.F.A. No. 1473 of 1989                                     [3]<\/p>\n
197; Bhau Krishna Shinde v. Vatsala Bhau Dhamale and others, 2000(2) AILACC
\n203; and Pushpa Devi and another v. Smt. Sarti Devi and others, (2002) 1 LACC
\n514, the submission is that the application filed by the owners of the land for being
\nimpleaded as party was not maintainable as such.\n<\/p>\n
                 As regards the determination of compensation is concerned, reliance
\nwas placed upon a judgment of this Court in R.F.A. No. 1724 of 1979 -M\/s Raj
\nDhani Land and Finance v. State of Haryana, decided on 24.12.1993, where for
\nacquisition of land vide same notification, the value of the acquired land was
\nassessed at Rs. 24\/- per square yard.\n<\/p>\n
                Learned counsel for the appellants in R.F.A. No. 1473 of 1989
\nsubmitted that they are the true owners of the land. There was nothing wrong in
\ntheir filing the application before the Court below for being impleaded\/ substituted
\nas the petitioners as after revocation of the power of attorney in favour of Kale
\nRam, they could very well prosecute their case themselves. It is not in dispute that
\nin the revenue records they were shown to be the owners of the land under
\nacquisition. Reliance has been placed upon a judgment of this Court in Indraj v.
\nSham Lal, AIR<\/a> 1993 P&H 95 wherein it was held that in a reference under
\nSection 30 of the Act invoking the provisions of Order 1 Rule 10 of the Code of
\nCivil Procedure, a person can seek his impleadment as a party to the dispute.\n<\/p>\n
                Learned counsel for the State did not dispute the fact that
\ncompensation for the acquired land was further enhanced by this Court in M\/s Raj
\nDhani Land and Finance’s case (supra), where the same was assessed at Rs. 24\/-
\nper square yard.\n<\/p>\n
                Heard learned counsel for the parties and perused the record.
\n                A perusal of the record shows that the amount of compensation, as
\ndetermined by the Collector, was paid to Kale Ram as attorney holder vide voucher
\nNo. 3546 dated 29.10.1976. It is only Kale Ram who filed objections before the
\nCollector, which were referred to the learned Court below vide memo dated
\n28.8.1984. During the pendency of the proceedings before the learned Court
\nbelow, the appellants in R.F.A. No. 1473 of 1989, being the recorded owners of
\nthe land, filed application dated 24.1.1985 for discharging Kale Ram and his
\ncounsel from the case with the contention that they no more authorise Kale Ram
\nto continue with the case as the power of attorney in his favour had already been
\ncancelled on 21.1.1985. The application was contested by Kale Ram with the plea
\nthat the general power of attorney dated 6.6.1962 was executed by the owners of
\nthe property in his favour after receiving Rs. 80,000\/- as consideration for selling
\nthe land which thereafter belonged to him. It was further stated that power of
\n R.F.A. No. 1473 of 1989                                      [4]<\/p>\n
attorney was irrevocable. It was also agreed upon between the parties that Kale
\nRam will be entitled to receive the entire consideration on sale of the land. As the
\nreference has been made on the request of Kale Ram, the Court was not entitled to
\nenhance the scope thereof on any application by a third person regarding
\nentitlement or apportionment of the compensation. In addition to this, application
\nwas also filed by Des Raj claiming himself to be a lessee on the property for being
\nimpleaded as party to the proceedings.\n<\/p>\n
                The Court below only permitted the applicants to be intervenors in
\nthe proceedings as there was neither any application by the appellants in R.F.A.
\nNo. 1473 of 1989, who claimed themselves to be the owners of the land objecting
\nto the amount of compensation paid by the Collector nor there was any application
\nby any of the parties seeking apportionment of the compensation. The learned
\ncourt below on the issue regarding entitlement of compensation directed that the
\nquestion regarding title needs to be decided by the Civil Court of the competent
\njurisdiction, whereas as regards the value of the acquired land, it was determined at
\nRs. 18\/- per square yard.\n<\/p>\n
                As far as assessment of the value of the land is concerned, the parties
\nare not in dispute that the issue has already been gone into by this Court in M\/s
\nRaj Dhani Land and Finance’s case (supra), where value of the acquired land has
\nbeen assessed at Rs. 24\/- per square yard. Accordingly, for the reasons stated in the
\naforesaid case, the value of the acquired land is assessed at Rs. 24\/- per square
\nyard. The appellants shall also be entitled to all statutory benefits available under
\nthe Act. The appeals to that extent are accepted with costs.\n<\/p>\n
                As far as the claim of the parties with regard to entitlement to claim
\ncompensation is concerned, number of judgments, as referred to above, have been
\ncited opining as to whether the provisions of Order 1 Rule 10 of the Code of Civil
\nProcedure are applicable in the proceedings under the Act or not. However, the
\ndispute in the present case, in my considered opinion, is not simplicitor for
\nimpleading as a party to the proceedings under the Act during the pendency of the
\nreference before the Court below. It is a case where Kale Ram was representing
\nhimself to be the owner of the acquired land on the basis of an irrevocable power
\nof attorney executed in his favour by the owners thereof on 6.6.1962 after receipt
\nof a sum of Rs. 80,000\/- from him. It is not in dispute that the Collector had paid
\nthe amount of compensation to him, though as attorney. Objections were also filed
\nby him. It was during the pendency of the reference before the Court below that an
\napplication was filed by Parkash, Jagdish and Jeetu for discharging Kale Ram from
\nthe proceedings and instead permitting them to proceed with the case. It was on the
\n R.F.A. No. 1473 of 1989                                        [5]<\/p>\n
basis of revocation deed dated 21.1.1985 cancelling the power of attorney
\nexecuted in favour of Kale Ram on 6.6.1962. It is relevant to add here that the land
\nin question was acquired by the State vide notification dated 9.7.1973. The
\nrelevant terms of the power of attorney in favour of Kale Ram are extracted below:\n<\/p>\n
               “The said GPA is competent to enter into any bargain in
\n               consideration of any amount with any person in respect of the said
\n               land. He can purchase stamp paper for sale deed and get the sale deed
\n               executed and present the same after signing or thumb mark the same
\n               before the Sub Registrar concerned for registration and he can
\n               receive the consideration money and get the said lease deed and also
\n               the sale deed according to rules and have mutation entered on our
\n               behalf, appear before the revenue officer and give the statement to
\n               have the mutation sanctioned. He can give any application or
\n               affidavit. As we were in need of money we have received Rs.
\n               80,000\/- from the G.P.A. against receipt. The said GPA will have no
\n               power to sell our land for a lesser amount and the amount which he
\n               gets in excess he will retain that amount as his commission. We the
\n               said executant have no future right to get any share. This Power of
\n               Attorney will be irrevocable.”<\/p><\/blockquote>\n
                In the cancellation deed (Ex. R.6) executed by Parkash, Jagdish and
\nJeetu, it was mentioned that they had lost faith in attorney- Kale Ram and it was
\napprehended that he would misappropriate the property and accordingly they did
\nnot want to continue him as attorney.\n<\/p>\n
                From the facts of the case, it is evident that it is not a case simplicitor
\nfor impleading a person interested as party to the reference. The fact is that the
\nowners were already party in the proceedings. Kale Ram was claiming himself to
\nbe the owner of the property on the basis of irrevocable power of attorney, whereas
\nParkash, Jagdish and Jeetu claimed ownership stating that they had revoked the
\npower of attorney. The issue involved here would be the interpretation of the
\npower of attorney dated 6.6.1962 (Ex. P.1) regarding the nature thereof and the
\nrights flowing therefrom and also as to whether the same could be cancelled and
\nthe effect of cancellation thereof 19 years after the execution thereof and 12 years
\nafter the acquisition of the land in question is required to be gone into. It would not
\nbe appropriate for this Court to decide this intricate question in the reference
\nproceedings for enhancement in the value of the acquired land. The learned Court
\nbelow has rightly relegated the parties to the Civil Court for the purpose.
\nAccordingly, the findings of the Court below on other issues are upheld.\n<\/p>\n
 R.F.A. No. 1473 of 1989                                     [6]<\/p>\n
                During the pendency of the appeal before this Court, Kale Ram was
\npermitted to withdraw the amount of compensation as determined by the learned
\nCourt below on furnishing of security to the satisfaction of the Court. Kale Ram
\nshall be entitled to retain the amount of compensation paid to him by interim order
\npassed by this Court. However, the same shall be subject to final determination of
\nrights of the parties by the Court of competent jurisdiction.           As regards the
\nenhanced compensation is concerned, the same shall be deposited by the State with
\nthe Executing Court which, in turn, shall get the same deposited in a fixed deposit
\nwith the nationalised bank carrying maximum rate of interest. The amount so
\ndeposited shall be disbursed to the person who is held entitled to claim the same by
\nthe Court of competent jurisdiction.\n<\/p>\n
                The appeals are disposed of in the above terms.\n<\/p>\n
                                                                  (Rajesh Bindal)
\n                                                                          Judge
\nOctober 16, 2008
\nmk\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Parkash And Others vs Kale Ram (Deceased) Through L.Rs on 16 October, 2008 R.F.A. No. 1473 of 1989 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: October 16, 2008 (1) R.F.A. No. 1473 of 1989 Parkash and others ..Appellants v. Kale Ram (deceased) through L.Rs. and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-10989","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nParkash And Others vs Kale Ram (Deceased) Through L.Rs on 16 October, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/parkash-and-others-vs-kale-ram-deceased-through-l-rs-on-16-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Parkash And Others vs Kale Ram (Deceased) Through L.Rs on 16 October, 2008 - 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