SURAJ BHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed under Section 54 of the Land Acquisition Act, 1894 impugning the judgment of the court below dated 6.6.2011 by which the proceedings under Sections 30 and 31 of the Land Acquisition Act, 1894 were decided in favour of the interested person, respondent no. 2 herein, and who was the respondent no. 1 (IP No.1) in the court below. By the impugned judgment, the claim of appellants-respondent nos. 2 to 9 before the court below, with respect to the compensation for the acquired land has been dismissed.

(2.) The case as set up by the appellants through their power of attorney holder was that the subject land which has been acquired was purchased out of compensation received with respect to another acquired land in which appellants had a right, and therefore, appellants are entitled to receive compensation with respect to the subject/now acquired land. With respect to earlier/other piece of land situated in village Bawana, (subject land being situated in village Rajapur Kalan, Delhi), the appellants claimed that they were owners of that land because the Will which was relied upon by the respondent no. 2 herein of late Smt. Ratni Devi was a forged and fabricated document.

(3.) The court below has given three important conclusions to allow the claim petition by granting compensation to the respondent no. 2 herein, and which are :-