LAWS(DLH)-2006-5-81

GAON SABHA KAKROLA Vs. RAM KARAN

Decided On May 11, 2006
GAON SABHA, KAKROLA Appellant
V/S
RAM KARAN Respondents

JUDGEMENT

(1.) By this judgment we will dispose of the above 8 appeals as a common question of law based on somewhat similar facts arise for consideration of the Court in these appeals. The land of the private respondents in all these appeals was acquired. After acquisition proceedings were completed, the Land Acquisition Collector vide his award no.1/1993-94 awarded compensation for acquisition of their lands to these private respondents. The claimants own the land in the revenue estate of Village Kakrola. After passing of the award there was dispute between the Gaon Sabha and the private respondents in the present appeals in relation to the extent and entitlement of compensation payable for acquisition of their lands.

(2.) A reference was made by the Land Acquisition Collector under Sections 30 and 31 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') to the court of competent jurisdiction. The Reference Court vide its judgment and order dated 1.12.1998 directed that the entire compensation involved in respect of particular khasra numbers [for example - in the case of Ram Karan, Khasra No. 92/23 (4-12)] to be paid to Sh. Ram Karan being the bhumidaar of the land. Against the said judgment, the Gaon Sabha filed the above Regular First Appeals under Section 54 of the Act.

(3.) When these appeals came up for hearing before the Division Bench on 7.4.2005, the Court passed the following order:- 07.04.2005 Present : Mr. S.S. Dalal, Advocate, for the appellant. RFA Nos. 182 to 187/1999, 178/1999 and 190/1999