VIDYAWATI Vs. COLLECTOR OF AGRA

JUDGEMENT

(1.) The only point in this appeal which relates to compensation for land acquisition is as to whether the entire amount refixed by way of enhancement by the High Court should go to the landlady appellant only, or should be shared between her and the tenants such as have proved their claims before the Land Acquisition Officer, (The Wakf Board does not come into the picture as its appeal has been dismissed).

(2.) The brief facts are that the Land Acquisition officer fixed compensation at a certain rate for the land acquired but he also apportioned the amount of compensation between the landlady, the owner, and the tenants on the land. Thereafter, a reference under Sec. 18 of the Land Acquisition Act led to an increase in the rate of compensation. But the learned District Judge made a further direction that the entire compensation so raised would be paid to the landlady forgetting the fact that the tenants who had been recognised also had been found entitled to a share.

(3.) The Collector filed an appeal to the High Court asking for the deletion of this direction for the payment of the entire sum to the landlady. The High Court, while enhancing the compensation substantially in favour of the land owner, deleted the direction made by the district court to the effect that the entire compensation shall be paid over to the landlady. We think this was done very rightly. there is no doubt that apportionment does not come into the picture in a reference under Sec. 18. Factually, there is no doubt that there are some tenants on the land. In this view, the direction given by the High Court that the entire amount shall not be payable to the landlady and that the direction given by the district court to that effect shall be deleted was just and legal.