LAND ACQUISITION COLLECTOR Vs. GAJPAL SINGH

JUDGEMENT

(1.) The Collector must determine this. It is his mandatory duty to do so and he must mention this in the award. He cannot leave matters to a future determination.

(2.) Land in Village Jafrabad was acquired by Govt. for planned development of Delhi by notification dt/ 13.11.59 issued u/s 4 of Land Acquisition Act Notification u/s 6 was issued on 7/1th July, 66. In 1967 notices were issued to Respondents u/s 9 calling upon them to appear before Land Acquisition Collector. Respondents filed their claims before the Collector, but none of the owners of the land from whom the respondents had purchased the same for constructing houses filed any claims. The respondent claimed to be owners of certain areas of land situated in Khasra No. 87 on which they had constructed houses and of which they were paying house tax to the Municipal Corporation of Delhi. They claimed that they were entitled to compensation of the land acquired by the Government,

(3.) In due course the Collector made the award (Award No. 2058). He left the question of apportionment of compensation open. He said this : 8. "Apportionment. The owners and other interested persons shall be paid compensation according to the latest entries in the revenue record of the land now under acquisition, The names of the persons who have newly constructed houses over most of the areas now under acquisition do not stand in the revenue record. The compensation of all such Kh. Nos, which are now under houses and stand in Hie revenue record in the names other than those who have filed claims regarding those Khaara Nos. shall be kept under dispute. Similarly the compensation of all these khasra Nos.- the compensation of which has been claimed by persons other than those recorded in the revenue record, shall also be kept under dispute. The compensation of all such cases referred to above shall be paid to the persons concerned if they come to any amicable settlement and in case of their failure the matter shall be referred to the addl. District Judge for adjudication. Moreover the "compensation of the area which is now under houses and for which the transfer of possession has been stayed under the orders of High Court shall be paid to the rightful persons only after the vacation of stay orders."