RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of Delhi High court dated 10/08/1976 in Civil Revision No. 354 of 1975. Agricultural land measuring 78 bighas and 14 biswas belonging to the appellants situated in village Garhi Peeran was acquired under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The Land Acquisition Collector passed an award on 10/10/1967 allowing compensation for land in block 'a' Rs. 2,300. 00 per bigha and in block 'b' Rs. 1,200. 00 per bigha. The claimants/appellants submitted an application under S. 18 of the Act for making a reference to the court. The Collector made a reference to the court in pursuance to the said application submitted by the appellants. The Additional District Judge by judgment dated 15/01/1971 increased the amount of compensation to Rs. 4,000. 00 per bigha for land in block 'a' and Rs. 2,500. 00 per bigha for land in block 'b'. The appellants filed an application on 16/01/1971 under S. 151-153 Civil Procedure Code before the Additional District Judge praying that the land in Khasra Nos. 408, 411, 763, 764, 891, 893, 410, 432, 433, 504, 506, 761, 900, 901 and 904 had not been shown by the Land Acquisition Collector in the statement under S. 19 of the Act although he had sent the names of all the Bhoomidars of the aforesaid land. The mistake was on the part of the Land Acquisition Collector and the appellants should not suffer on account of the mistake or oversight of the Collector. It was thus prayed that in the interest of justice-the Collector may be directed to file a revised statement under S. 19 of the Act giving the details of the whole of the land belonging to the claimants which had been left out on account of accidental slip or omission. The application was opposed on behalf of the Union of India. The Additional District Judge after hearing the parties at length, by order dated Feb 18/02/1975 allowed the application and directed the Land Acquisition Collector concerned to furnish the correct statement under S. 19 of the Act regarding the land acquired of the appellants.

(2.) Aggrieved by the aforesaid order of the Additional District Judge, Union of India filed a revision before the High court. The High court by judgment dated 10/08/1976 allowed the revision and set aside the order of the Additional District Judge dated 18/02/1975. The appellants have now, come in appeal against the order of the High court.

(3.) We have heard learned counsel for the parties and have perused the record. There is no manner of dispute that the land acquired was 78 bighas and 14 biswas and the appellants were entitled to the compensation of the entire land. The Land Acquisition Collector gave an award and the appellants being not satisfied with the amount of compensationsubmitted an application for making a reference to the court under S. 18 of the Act. A perusal of the application submitted by the appellants under S. 18 of the Act shows that in para (1 it was stated as under: