GAON SABHA Vs. NATHI

JUDGEMENT

(1.) Civil appeal no. 3105 of 1997 has been preferred by Gaon Sabha and another against the judgment and decree dated 7.11.1991 of Delhi High Court in RFA No. 209 of 1986. Civil appeal no. 2183 of 1993 has been preferred by Union of India and another against the judgment and decree dated 30. 5.1991 of Delhi High Court in RFA no. 167 of 1986. The controversy involved in both the appeals is identical and, therefore, they are being disposed of by a common order. Civil appeal no. 2183 of 1993 was initially allowed by this Court on 7.2.1997 but the order was recalled on 25.7.2003 on the ground that some of the respondents had died and their heirs had not been brought on record when the matter was heard and decided at the earlier stage.

(2.) We will mention the facts of CA No. 3105 of 1997 which has been preferred by Gaon sabha and Union of India against Nathi and 38 others. Proceedings for acquisition of a large tract of land were initiated by issuing notifications under sections 4 (1) and 6 of the Land Acquisition Act. The Collector made an award but a dispute arose regardng the right to receive compensation between the Gaon Sabha and the private respondents. He accordingly made seven references for decision of the court under section 30 of Land Acquisition Act. The learned additional district judge decided all the seven references by common judgment and order dated 22.2.1986 wherein he held that it was the Gaon Sabha which was entitled to receive the compensation amount and not the private respondents. Being aggrieved by the aforesaid award decree of the addl. district judge, Nathi and others preferred RFA No. 209 of 1986 before Delhi High Court. The High Court, following its earlier judgment and decree dated 30. 5.1991 in RFA no. 167 of 1986 given in the case of Sher Singh and Ors. allowed the appeal on 7.11.1991 by a short order and held that the respondents were entitled to entire amount of compensation and not the Gaon Sabha. It is this judgment and decree which is subject matter of challenge in the present appeal which has been preferred by Gaon Sabha and Union of india.

(3.) In view of the fact that the impugned judgment does not deal with the controversy raised and the High Court has allowed the appeal only on the basis of its earlier judgment rendered in the case of sher Singh and Ors. in RFA no. 167 of 1986, it becomes necessary to look to the reasoning given fordeciding the said matter. Even otherwise the judgment and order dated 30. 5.1991 in RFA no. 167 of 1986 is under challenge in CA no. 2183 of 1993 filed by union of India.