Smt. Kavita alias Mamta vs State of U.P. and Others

Prakash Krishna, J.—Being aggrieved by the order dated 15.7.2008 passed by the Additional Civil Judge, Court No. 3, Ghaziabad on the application No. 7C in LAR No. 7 of 2006, the present writ petition has been filed.

The background facts may be noticed in brief. The dispute in the present writ petition is with regard to the right of Petitioner to receive compensation for the land recorded in Khata No. 190 and Khasra No. 8. The said land was recorded in the name of Krishna Pal, Jai Pal Singh and Bal Kishan sons of Laxmi Narain in the revenue records. The land was acquired by the State Government under the provisions of Land Acquisition Act by issuing a notification dated 19th of March, 1991. According to the Petitioner, the compensation has been paid to Sri Jai Pal Singh and Bal Kishan. The further case of the Petitioner is that her father Krishna Pal is not traceable since year 1996 and therefore the compensation of his share is lying with the treasurer. When she approached to receive the compensation, she was required to obtain a declaration from the Civil Court in this regard. She, therefore, instituted the original suit No. 18 of 2004 impleading the State of U.P., Jai Pal and Bal Kishan for declaration that she is heir of deceased Krishna Pal who has died civil death. The said suit by the judgment dated 4.11.2004 has been decreed in part holding that a presumption about the civil death of Krishna Pal is there. However, the relief with regard to the right of the Petitioner to receive the compensation was denied.

Thereafter, the Petitioner filed a Misc. Case No. 75 of 2005 for grant of succession certificate before the Civil Judge (Senior Div.), Ghaziabad to enable her to receive the compensation amount amounting to Rs. 24,46,517.45 being legal heir. The said application for grant of succession certificate has been allowed by the order dated 24th of September, 2005. Again the Petitioner approached the authority concerned for receiving the compensation amount which was due and payable to her father Krishna Pal. The matter was referred by the Land Acquisition Officer to the District Magistrate who made a reference to the Civil Court. The Civil Court registered the case as LAR No. 7 of 2006 and passed the impugned order releasing the said amount on certain conditions. Challenging the conditions levied under the impugned order, the present writ petition has been filed.

Heard the learned Counsel for the Petitioner and the learned standing counsel for the Respondents. It may be placed on record that none appeared on behalf of Jail Pal Singh and Bal Kishan, the Respondent Nos. 3 and 4.

Contention of the learned Counsel for the Petitioner is that in view of the grant of succession certificate in favour of the Petitioner and the fact that the other co-sharers are not disputing the claim of the Petitioner nor anybody else is disputing her claim, the Petitioner is entitled to receive the amount unconditionally. The learned standing counsel, on the other hand, supports the impugned order.

Considered the respective submissions of the learned Counsel for the parties and perused the record.

It appears that necessary facts are not in dispute. It is not disputed that the whereabouts of Krishna Pal are not available and the Civil Court has declared his civil death by the judgment dated 4.11.2004. The grant of succession certificate in favour of the Petitioner by the Civil Court is also not disputed. A bare perusal of the said succession certificate clearly shows that the Petitioner has been held to be entitled to receive a sum of Rs. 24,46,517.45. Therefore, in this fact situation, the Court below by the impugned order was not justified in imposing the condition that the Petitioner should furnish security. Having it held that Krishan Pal had died civil death and the Petitioner is holder of succession certificate, and there being no contest by anyone, the Petitioner is entitled to receive the compensation amount and interest thereon unconditionally.

In the result, the writ petition succeeds and is allowed. The order dated 15.7.2008 so far as it imposes conditions for the release of the compensation amount and accrued interest thereon, is set aside. No order as to costs.

The Court below is directed to pay the aforesaid amount along with accrued interest to the Petitioner. It is expected that the Court below shall make the payment to the Petitioner expeditiously preferably within a period of two months.