C.R. No. 6173 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6173 of 2009 Date of Decision: October 27, 2009 Lakhwinder Singh and others …..Petitioners Vs. Major Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. K.S. Rekhi, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Petitioners claim that the land of Dara Singh was acquired in the year 1990. Compensation was awarded and paid to the land owners. After the death of Dara Singh his sons Darshan Singh and Charanjit Singh had by way of sale deed dated June 1, 2005 sold the land to the petitioners. Proceedings Under Section 18 of the Land Acquisition Act, (hereinafter referred to as ‘the Act’) regarding enhancement of compensation are pending. As Dara Singh has died, Jaswant Singh moved an application to be impleaded as legal heir of Dara Singh on the basis of a Will alleged to C.R. No. 6173 of 2009 [2] have been executed by Dara Singh in his favour. Natural heirs of Dara Singh, namely, Darshan Singh and Charanjit Singh vendors of the land which stands already acquired have not contested the application of Jaswant Singh to be impleaded as Legal Representative. Counsel for the petitioners has submitted that a fraud has been played on the petitioners by the sons of Dara Singh, namely, Darshan Singh and Charanjit Singh. They have intentionally permitted the impleadment of Jaswant Singh who is neither natural heir nor any right vests in him regarding the property which was owned by Dara Singh. As Jaswant Singh was impleaded as Legal Representative of Dara Singh, the petitioners have got an apprehension that the compensation in case enhanced will be taken by Jaswant Singh to the prejudice of the rights of the petitioners. I have considered the contention of learned counsel for the petitioners in context to the facts and circumstances of this case. It is pertinent to observe her that the application for impleadment of Legal Representatives of Dara Singh in proceedings under Section 18 of the Act has been allowed and Jaswant Singh has been impleaded as Legal Representative. Cautious of the rights of any other party, the Reference Court has specifically mentioned that Jaswant Singh has been impleaded as LR of Dara Singh only for the purpose of continuation of the proceedings. It has further been observed that if any dispute occurs qua the succession of Dara Singh that would be decided separately as provided under law. C.R. No. 6173 of 2009 [3] Counsel for the petitioners has also raised an apprehension that Jaswant Singh can prejudice the rights of the petitioners by even withdrawing the proceedings under Section 18 of the Act. Impleadment of Jaswant Singh as legal heir of Dara Singh is simply meant to enable the proceedings to continue without conferring any right of succession or without conferring any right to Jaswant Singh in case of enhancement of compensation. Since the petitioners have acquired the right and interest in the property pursuant to a sale deed dated June 1, 2005 executed by natural heirs Darshan Singh and Charanjit Singh, prima facie Darshan Singh and Charanjit Singh should have also been impleaded as legal heirs being natural heirs. Though the interests of the petitioners have not specifically been safeguarded but in the interest of justice, the order dated September 2, 2009 can be clarified. This revision petition is dismissed. However, it is ordered that in case of enhancement of compensation, the amount will not be released to Jaswant Singh without adjudication of rights and interest of the petitioners, if any. The amount of enhanced compensation, if any, will also not be released to Darshan Singh and Charanjit Singh without hearing or without giving an opportunity to the petitioners to put-forth their claim before the release of abovesaid amount. October 27, 2009 (M.M.S.BEDI) sanjay JUDGE