RAMA SHANKAR Vs. MUKHTIARE

JUDGEMENT

(1.) THESE appeals are directed to against the impugned judgments and orders dated 25th September, 1981 passed by the Additional District Judge, delhi disposing of two references being LAC Nos. 83/1980 and 84/1980 under sections 30/31 of the Land Acquisition Act, 1894 (Act' ).

(2.) THE facts leading to the filing of the present appeals are that in respect of land admeasuring 93 bighas situated in village Khanpur, which was notified for acquisition for a public purpose by a notification dated 12. 4. 1972 under Section 4 of the Act, an award No. 15/1973-74 came to be made on 26. 6. 1973. The total compensation fixed, including solatium and interest, was Rs. 1,07,439. 43. In respect of a certain portion of the land, the total compensation payable for which was Rs. 16,253. 68, four interested persons namely Shri Rama Shankar and Shri Inder Singh, the appellants herein, and Shri Kishori and Shri Mukhtiare, Respondents No. 1 in each of the appeals filed their claims. The above dispute in relation to apportionment was referred by the Land Acquisition Collector to the learned Additional district Judge in terms of Sections 30/31 of the Act. The cases were registered as LAC Nos. 83/1980 and 84/1980 and were disposed of by the impugned judgment and order dated 25th September, 1981. By the impugned judgment and order, the learned Additional District Judge held that the appellants herein, Shri Rama Shankar and Shri Inder Singh had no right to claim compensation. Consequently the compensation was ordered to be paid to Shri Kishori and Shri Mukhtiare, respondent No. 1 in each of the appeals.

(3.) WE have heard the learned counsel for the parties. We have been taken through the impugned order as well as records of the case. The short point involved here is whether the respondent No. 1 in each of the appeals were entitled, as on the date of acquisition of the land in question, to be paid the compensation in terms of the Act.