KURE Vs. UNION OF INDIA

JUDGEMENT

(1.) REFERENCE petition under Section 30 & 31 of the Land Acquisition Act seeking compensation granted in pursuance to Award No. 36 of the of the year 1981-82 in respect of acquired land measuring 31 bighas 4 biswas, situated in Village-Badli, Delhi has been answered vide impugned judgment of 24th December, 1986 whereby compensation amount in respect of 9 bighas and 2 biswas of land has been awarded to respondent- Jai Singh, who was I.P. No. 1 before the REFERENCE Court and compensation amount in respect of the acquired land i.e. 8 bighas and 6 biswas has been granted to the appellant herein, who was IP No. 2 before the REFERENCE Court.

(2.) THE challenge to the impugned order in this appeal is on the ground that the Reference Court ignores the revenue record i.e. Ex.K- IX and Ex.K-X which clearly shows that the appellant was the tenant during pre-consolidation period on the land measuring 142 bighas and 18 biswas under respondent No.2 and his brother Dilip Singh and bhumidari rights were conferred upon the appellant in respect of 31 bighas and 4 biswas of the subject land, which stands substantiated by the revenue entries Ex.K-11 of the year 1976-77.

(3.) IT was vehemently contended by learned counsel for the appellant that in view of the decision in LA. App. No. 102/2007, titled as Gaon Sabha vs. Fateh Singh, rendered on 28th August, 2008; in LA. App. No. 153/2007 titled as Attar Singh vs. Gaon Sabha, rendered on 5th December, 2008; Rama Shankar vs. Mukhtiyare, 2007 (98) DRJ 517 (DB), the Reference Court cannot declare a person as Bhumidhar and the compensation amount has to be paid on the basis of the existing status of the claimant at the time of making of the Award and since appellant was the Bhumidhar of the entire acquired subject land measuring 31 bighas 4 Biswas and was in possession thereof, therefore the entire compensation amount deposited ought to have been granted to the appellant.