CHAND Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Shri Bharat Singh had two sons, viz., Sri Chand and Sardar Singh. Unfortunately, Sardar Singh died leaving behind his son Ishwar Singh. Bharat Singh is the recorded bhumidar of land bearing khasra nos. 643 (4-16), 646 (4-16), 647/1 (3- 16) and 648 (0-14), measuring 14 bigha and 2 biswas, situated in revenue estate of Rajapur Kalan, Delhi to the extent of ½ share.

(2.) The claim of the Petitioner Sri Chand is that the said land was not self acquired property of Bharat Singh, but in fact, he had inherited the same from his father as such both the sons were co-parceners and were co-sharers and owners to the extent of one third share. Counsel for the petitioner relied upon the judgment of Allahabad High Court in case of Ram Chander Vs. Commissioner & Director of Consolidation (H.C.), 1970 Revenue Decisions 283. Bharat Singh was in possession as a co-sharer on behalf of all and was shown as such. In 1954-55, the rights of bhumidari alleged to have been recorded in favour of Bharat Singh without any inquiry. The Delhi Land Reforms Act was promulgated as on 20th July, 1954. The land in question was acquired by the appropriate Government which issued a notification under Section 4 of the Land Acquisition Act followed by a declaration under Section 6 of the Land Acquisition Act. Thereafter, an award was passed being award No. 20 of 2003-04 which was announced by the Land Acquisition Collector on 25th November, 2003.

(3.) Sri Chand filed objections/application under Section 30-31 of the Land Acquisition Act requesting the Land Acquisition Collector, Kanjhawla, Delhi to refer his claim to District Judge for adjudication, disputing the right of his father Bharat Singh to receive the entire compensation in regard to land in question. According to the petitioner he did not receive any reply and issued a reminder dated 8th July, 2004 but of no consequence. On 19th July, 2004 when the petitioner approached the respondent's office personally where he was told that the entire compensation would be disbursed to Bharat Singh, respondent No.2 in this petition, within a day or two. The petitioner apprehending that he will not get relief at the hands of the Land Acquisition Collector, filed a writ petition in this Court being WP(C) No. 12193/2004 titled as 'Sri Chand Vs. Land Acquisition Collector'. Vide order dated 29th July, 2004, the Land Acquisition Collector was directed by a Division Bench of this Court with the following directions : ...........In view of the above, we dispose of the writ petition with a direction that the Respondents shall reconsider the application filed by the Petitioner under Section 30 and 31 of the Act after affording him a personal hearing. It is agreed between the parties that the petitioner shall appear before the LAC on 9th August, 2004 at 3.00 p.m. and furnish the material on which he proposes to place reliance in support of his application. The LAC shall thereafter pass a speaking order on the said representation and communicate the same to the Petitioner. Compensation in respect of the subject land shall not be disbursed to anyone for a period of ten days from the date of communication of the order to the Petitioner. The Petition stands disposed of in the above terms. Dasti.