NATHU Vs. UOI

JUDGEMENT

(1.) THE land comprised in Khasra no.337/2, measuring 4 bigha 12 biswas, the land comprised in Khasra no. 338 measuring 3 bigha 19 biswas and the land comprised in Khasra no.351 measuring 1 bigha 18 biswas in Village Jaitpur was acquired by the Government vide Award no.1/74-75. Mr. Dahiya, who appears for the appellants states that no compensation was awarded by the Land Acquisition Collector to any person in respect of the land comprised in the above referred Khasras. The appellants before this Court having sought a Reference under Section 18 of the Land Acquisition Act, the matter was referred to the learned Additional Judge. Vide the impugned order dated 3.4.2008, the learned Additional District Judge enhanced the compensation awarded by the Land Acquisition Collector and also held that the appellants were entitled to compensation of the land comprised in Khasra Nos. 338 and 351, but not in respect of Khasra no.337/2. The reason given by the learned Additional District Judge for not awarding compensation to the appellants in respect of the land in Khasra No.337/2 was that in the statement under Section 19 of the aforesaid Act, the ownership of no one was recorded in respect of the aforesaid Khasra. Being aggrieved from the said order, the appellants are before this Court, to the extent they have been refused compensation in respect of land comprised in Khasra no.337/2.

(2.) A perusal of the statement under Section 19 of the Land Acquisition Act would show that against the column of 'recorded owner', the name of Nathu predecessor in interest of the appellants was shown in respect of land comprised in Khasra nos. 338 and 351 whereas, in respect of the land comprised in Khasra No.337/2, the Entry was "note recorded owner".

(3.) THE learned counsel for the appellants relies upon the Payment Certificate dated 3.5.1989 issued by the Land Acquisition Collector, certifying therein that Nathu was paid an amount of Rs.28241.12 which had been sent to the Court of learned Additional District Judge on 29.8.1974 under Section 30-31 of the Land Acquisition Act, as compensation vide Award no.1/74-75 dated 29.4.1974 of Village Jaitpur, Khasra No.337/2(4-12), 338(3-19) and 351 (1-18), total measuring 10 bighas 9 biswas. In my view, the appellants cannot be awarded compensation in respect of the land comprised in Khasra No.337/2 only on the strength of the aforesaid certificate when they did not produce any revenue record to prove that the land comprised in the aforesaid Khasra was owned or possessed by them and statement under Section 19 of the Land Acquisition Act which is prepared on the basis revenue record clearly shows that they were not the recorded owner nor were they in possession of the aforesaid land.