AMARJIT SINGH Vs. PRAMOD GUPTA

JUDGEMENT

(1.) This judgment will dispose of RFAs No. 309, 310, 356. 357, 340 and 341. all of 1980 All these appeals are directed against the judgment dated May 20, 1980 passed by the Additional District Judge, Delhi whereby the two references made to the Additional District Judge by the Land Acquisition Collector under Section 31 (2) of the Land Acquisition Act were decided. One reference was in respect of award No. 2040 involving 721 bighas and second reference was in respect of award No. 2225 involving 3945 bighas and biswas.

(2.) . There were three sets of claimants before the Additional District Judge, The first set was of Gaon Sabha Masoodpur. The claim of Gaon Sabha was based on the allegations that the land in the awards was lying waste in the year 195054 and as such ilvested in the Gaon Sabha under orders of the Deputy Commissioner, Delhi in the year 1954, and thereafter by another order of the Deputy Commissioner, Delhi dated 10 3.1966 which was published in the official gazette of Delhi Administration. It was further pleaded that Gaon Sabba was in possession of the land in question at the time of the announcing of the award and that the decree passed by the court of Shri A.N. Aggarwal, Subordinate Judge 1st Class dated 12.121966 in suit No. 174 of 1966 and subsequently confirmed in appeal in favour of Smt. Gulab Sundri was without jurisdiction, ultra vires, null and void.

(3.) . The second set of claimants was of proprietors. The proprietors also claimed compensation on more or less similar grounds and it was pleaded that ihe land in question was not the land as defined in Delhi Land Reforms Act; the land is in their holding: the bhumidari declaration made in favour of Smt Gulab Sundri was invalid because the land was used for mining purposes and purposes other man .those mentioned in Section 3(13) of the Act, and, therefore, Smt. Gulab Sundri and her transferees were not entitled to the award of compensation and the droprietors were entitled to receive the entire compensation.