SANDEEP Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal is filed under Section 54 of the Land Acquisition Act, 1894 impugning the judgment passed by the court below dated 4.5.2013 deciding the issue of apportionment of the compensation of the acquired land belonging to one Mr. Shri Krishan. Disputes were between two parties. On the one hand was the mother of the deceased Mr. Shri Krishan, one Smt. Mishro Devi and on the other hand was the widow and minor daughter of the deceased, namely Smt. Balvinder Rani and Ms. Preeti (who is now a major).

(2.) APPELLANTS claim to be the legal heirs of Smt. Mishro Devi inasmuch as on the basis of the Will dated 8.1.2007 of Smt. Mishro Devi executed in their favour. Smt. Mishro Devi was the original party to the proceedings under Section 30/31 of the Land Acquisition Act, 1894 and who died during the pendency of the proceedings, and therefore the appellants relied upon the Will dated 8.1.2007 of Smt. Mishro Devi in their favour for being substituted in her place. At the time of adding the appellants, who are the grandsons of Smt. Mishro Devi, as parties, the court below by the order dated 18.4.2011 had clarified that the appellants will have a share as per the Will dated 8.1.2007 of Smt. Mishro Devi provided that Will is proved by the appellants in the proceedings. Appellants, however, failed to prove not only the Will dated

(3.) THE effect of the abovesaid discussion would be that the appellants would not be the sole and exclusive owners of the compensation which was to be awarded for the lands which were owned by Mr. Shri Krishan and such compensation will devolve as per succession under the Hindu Succession Act.