Jagjit Singh (deceased)/L.Rs. vs Union of India and another

V.K. Jhanji, J.—The land belonging to Jagjit Singh was acquired and he was awarded a compensation of Rs. 1,28,579.52 P. which is lying deposited with Additional District Judge, Bhatinda. On the death of Jagjit Singh, an application was made by one Kartar Singh (proformarespondent in this petition) for being impleaded as a legal representative of the deceased Jagjit Singh. There is some dispute as to who is the legal representative of the deceased. The petitioners made an application before the first appellate Court praying therein that till the matter is finally decided, the amount be ordered to be deposited in a fixed deposit in a schedule Bank so that it could fetch proper interest. The learned Additional District Judge, Bhatinda, vide order dated 9.6.1990 dismissed the said application of the petitioners with the observations that there is no rule under which the amount could be deposited in the fixed deposit in a Schedule Bank.

In my view, the Additional District Judge, Bhatinda, while dismissing the application of the petitioners, has not kept in view the interest of the parties and also the fact that the said amount was awarded as compensation for the property acquired. The amount will not be payable till the question, as to who is the legal representative of the deceased, is finally decided, and when the dispute is settled and the amount comes to be paid to them, the amount which is awarded to them by way of compensation, may not be equivalent to one tenth of the market value of the properties that had been acquired in lieu of the said amount. In case, the amount is allowed to remain deposited with the court, the party entitled to the same shall lose interest. In the circumstances, the interest of the parties can be safeguarded if the amount is deposited in a fixed deposit account which shall carry interest. It makes no difference if there is no such rule for making such a deposit in the fixed deposit account

Consequently, the revision petition is allowed; order of the Additional District Judge, Bhatinda, dated 9.6.1990, is set aside; and, it is directed that the amount be deposited in any nationalised Bank in a fixed deposit account initially, for a period of two years and renewable thereafter each time, for a similar period till the dispute between the parties is finally settled. The parties are left to bear their own costs.