High CourtsSingle Bench(2020) 08 SHI CK 0186

CEO Cum Secretary And Anr vs Gurbakash Singh And Ors

High Court Of Himachal Pradesh · Decided on 19 August 2020

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Regular First Appeal No. 68 Of 2019

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Judgment

15 paragraphs · 282 words

Sandeep Sharma, J

Through Video Conferencing

1.

By way of instant appeal filed under Section 54 of the Land Acquisition Act, 1894, appellants have laid challenge to award dated 21.11.2018,

passed by the learned Additional District Judge-1, Solan, District Solan, H.P., in Land Ref. Petition No. 51-NL/4 of 2008.

2.

Though vide order dated 11.9.2019, appeal at hand was admitted, but today during the course of the hearing, learned counsel for the parties fairly

admit that claimant-Gurbakash Singh i.e. respondent No.1 had died prior to passing of the impugned award dated 21.11.2018 and as such, award

passed in favour of dead person deserves to be quashed and set-aside being nullity in the eye of law.

3.

Consequently, in view of the above, impugned award dated 21.11.2018, passed by the learned Additional District Judge, Solan, District Solan H.P.

in Reference Petition No. 51-NL/4 of 2008, is quashed and set-aside and matter is remanded back to the reference court below with direction to

decide the aforesaid reference petition afresh in accordance with law. All the miscellaneous applications filed by the respective parties during the

pendency of the present appeal shall be decided by the court below in accordance with law. Registry is directed to send the complete case file to the

court below forthwith after keeping photocopies of the same. Learned counsel for the parties undertake to cause presence of their respective clients

before the court below on 1.9.2020, enabling it to proceed with the matter afresh in terms of directions contained in the instant judgment. Registry to

apprise the court below with regard to passing of instant order. Interim order, if any, stands vacated. In the aforesaid terms, present appeal stands

disposed of.