ZILE SINGH Vs. LAND ACQUISITION COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30.05.2012 dismissing the WP(C) 304/2007 filed by the appellant. Dismissing the writ petition, the learned Single Judge inter alia held as under:

(2.) WE have perused the order passed by the Nodal Officer on the application of the appellants for allotment of plots in lieu of the land in village Nangal Devat. It was claimed before the Nodal Officer that the appellants were recorded owners having one -half share each of land measuring 277 sq. yards comprised in khasra No. 1243 shown at SRS No. 288 house No. 50 at page 66 of the Survey 1971 -72 and were also owner of the half share each of 276 sq. Yards comprised in khasra 1243 reflected at SRS No. 303 house No. 54/2 page 67 of the Survey 1971 -72 which had been wrongly recorded in the name of their father, whereas the exclusive owners in possession of the same. They also claimed that the land admeasuring 276 sq. yards was wrongly recorded in the name of their father due to some inadvertent mistake/error during the survey. The Nodal Officer observed that the appellants had failed to produce any document regarding ownership of the land claimed to be in their possession. He also observed that even though the land was under their possession but he same was Shamlath Deh i.e., the land meant for common utilities which could not be added to the share of the appellants.

(3.) LEARNED counsel for the appellant submitted that there was no material before the Nodal Officer to conclude that the aforesaid land was Shamlath Deh (the land meant for common utilities). This position was not disputed by the learned counsel for the respondent.