CWP No. 8599 of 1987 and another connected matter 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 01.09.2010 C.M. No. 18847 of 2008 and CWP No. 8599 of 1987 Rupa Kali alias Kavita and others ….. PETITIONERS VERSUS Union of India and others ….. RESPONDENTS CWP No. 8808 of 1987 Rupa Kali alias Kavita and another ….. PETITIONERS VERSUS Union of India and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Ms. Bindu Goel, Advocate, for the petitioners. Mr. M.L.Sarin, Sr. Advocate, with Mr. Nitin Sarin, Advocate, for the respondents. *** JASBIR SINGH, J. (ORAL) C.M. No. 18847 of 2008 C.M. is allowed. Annexures P-6 to P-22 are taken on record. CWP Nos. 8599 and 8808 of 1987 By this order, we intend to dispose of CWP No. 8599 of 1987 titled as Rupa Kali alias Kavita and others vs.Union of India and CWP No. 8599 of 1987 and another connected matter 2 others and CWP No. 8808 of 1987 titled as Rupa Kali alias Kavita and another vs.Union of India and others. For convenience, facts are being taken from CWP No. 8599 of 1987. In these writ petitions, dispute is regarding apportionment of compensation amount for the land, which was acquired way back in the year 1970. At that time, Sh. Amin Chand, the land owner, was alive, who died on 16.03.1981. It is an admitted fact that before his death, Sh. Amin Chand executed a registered Will in favour of his three sons i.e. respondents No. 5 to 7 on 02.06.1971 (Annexure R5/1) bequeathing his entire estate movable as well as immovable in their favour. In the said Will, reasons to exclude his six daughters, including the three petitioners, from inheriting the property were also assigned. The dispute arose when the Arbitrator gave five Awards determining compensation for the land acquired. The Arbitrator passed three Awards on 29.10.1986 (P-2, P-3 and P-4) and another Award on 23.12.1986. The Arbitrator also passed an Award on 13.10.1987 (P-2 in CWP No. 8808 of 1987 titled as Rupa Kali alias Kavita and another vs.Union of India and others). It is also an admitted fact that for further enhancement of compensation, challenge was made to the Awards passed by the Arbitrator by respondents No. 5 to 7 and the matter has become final, up to the Hon'ble Supreme Court. It is also an admitted fact that for enhancement of compensation, none of the petitioners agitated their claim at any time. CWP No. 8599 of 1987 and another connected matter 3 The petitioners have filed these writ petitions with the following prayer:- “(a) award specifying the person or persons entitled to receive the compensation as heirs of Amin Chand Deceased landowner and apportionment thereof between the heirs since a dispute has arisen between the petitioners and Respondents Nos. 5 to 7 herein with regards to this matter. (b) to issue a writ of Certiorari to quash the impugned Awards of the Arbitrator dated 29.10.1986 (Annexure P-2 to P- 4) and the impugned Award dated 23.12.1986 passed by the respondent No. 4. (c) to issue writ of Mandamus to Respondent No. 4 to decide the dispute as to the persons entitled to receive compensation including the petitioners after affording an opportunity to the petitioners to put forward their claims.” During pendency of these writ petitions, initially, validity of the Will executed by Sh. Amin Chand in favour of respondents No. 5 to 7 was challenged by the petitioners. Taking note of the same, the learned Single Bench of this Court, vide order dated 22.08.1988, directed the District Judge, Gurdaspur to record evidence to determine the existence of Will dated 02.06.1971. The petitioners were also given liberty to produce evidence to rebut evidence of the respondents, mentioned above. Thereafter, the matter was taken up by the District Judge and vide order/report dated 19.05.1990, it was opined that the Will dated 02.06.1971 was executed by Sh. Amin Chand with his free consent and it was duly CWP No. 8599 of 1987 and another connected matter 4 registered in the office of the Sub-Registrar, Gurdaspur. That report has become final as the same was not challenged by the petitioners. In affidavit dated 16.09.2008 filed by Smt. Tripta Pathania, one of the petitioners, it was averred in paragraph Nos. 20 and 21 as under:- “20. That thereafter the above named Krishan Singh etc., sons of Late Amin Chand sold some of the land to different persons and some of the land of Krishan Singh etc., was also acquired by the Central Government. The entire compensation of the land which was acquired after the death of Amin Chand was taken by the sons of Amin Chand and the petitioners are not claiming any share in that amount. 21. That will dated 2-6-1971 which was executed by Late Amin Chand during his life time was to be operated and effectred from the date of death of Amin Chand which took place on 16-3-1981. Therefore, as per will dated 2-6-1971, the property left by Amin Chand after 16-3-1981 is to be owned and possessed by the sons of Amin Chand. Since the will dated 2-6-1971 which became operative from 16-3-1981 onward does not cover the enhanced compensation because all children including the petitioners became entitled prior to 16-3-1981.” Reading of the contents of the affidavit clearly indicates that the petitioners are not staking claim so far as the original compensation CWP No. 8599 of 1987 and another connected matter 5 amount is concerned. Their claim is only with regard to the amount of enhanced compensation. It is their case that the said amount will not be covered under the Will executed by Sh. Amin Chand. Be that as it may, at the time of hearing, without looking into the facts of the case with a view to put an end to this family litigation, we asked Mr. Sarin that in spite of many factors in his favour, let his clients show grace and pay some amount to the petitioners, who are their real sisters. Sh. Sarin, on getting instructions from respondents No. 5 to 7, who are present in Court, very fairly accepted the offer made by this Court. To the offer made, counsel for the petitioners, on getting instructions from Rupa Kali, one of the petitioners, states that the petitioners are agreeable to the proposal made, with a view to put an end to the litigation amongst the legal heirs of Sh. Amin Chand. In view of facts mentioned above, we dispose of these writ petitions i.e. CWP No. 8599 of 1987 titled as Rupa Kali alias Kavita and others vs.Union of India and others and CWP No. 8808 of 1987 titled as Rupa Kali alias Kavita and another vs.Union of India and others and direct respondents No. 1 to 3 to pay an amount of Rs. 9 lacs to all the three petitioners. The amount be paid by way of demand draft of Rs. 3 lacs in the name of each of the petitioners. The Division Bench, vide order dated 14.07.1988 in LPA Nos. 488 and 456 of 1988, ordered that the amount of compensation shall be deposited with the Bank in a fixed deposit. As per information supplied, the amount is still lying in the Bank. CWP No. 8599 of 1987 and another connected matter 6 Under these circumstances, the amount of interest accrued, if any, shall be paid to respondents No. 5 to 7. The rest of the amount, which is lying deposited, shall be disbursed to respondents No. 5 to 7 in terms of the order passed by the Division Bench on 14.07.1988 in LPA No. 488 of 1988 and LPA No. 456 of 1988. The amount be disbursed to the petitioners and the respondents, as indicated above, within a period of two months' from the date of receipt of a copy of this order. Respondents No. 1 and 2 are also directed to supply calculation sheet of the amount due to the petitioners within the above-. said period. With above-said observation, these writ petitions stand disposed of. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE September 01, 2010 pj CWP No. 8599 of 1987 and another connected matter 7