UNION OF INDIA Vs. AJIT SINGH

JUDGEMENT

(1.) This judgment will also dispose of R.F.As. Nos. 379, 423, 350, 351 and 352 of 1971 as all these appeals arise out of a consolidated judgment dated 27/3/1971 whereby the learned Additional District Judge held that lessee was entitled to 75% of the compensation and the lessor was entitled to 25%. It was further held that the lessee will be entitled to the entire compensation awarded in respect of shifting of stone crusher and cost of kotha. However, in these appeals, there is no challenge to the grant of compensation in respect of stone crusher or kotha. The arguments were confined to the apportionment of compensation for the land only. The Union of India has filed three appeals being R.F. As. Nos. 378, 379 and 423 of 1971 while the lessee Ajit Singh has filed the other appeals being R.F. A. Nos. 350, 351 and 352 of 1971. Both sides have claimed that they are entitled to the entire compensation.

(2.) The land which is the subject matter of three awards being awards Nos. 1968, 1969 and 1970 belonged to the Government and has been leased out in favour of Chet Singh & Sons. Ajit Singh and Tilak Raj Sethi sons of Faqir Chand and Union of India were considered to be interested parties. However, Tilak Raj Sethi withdrew from the contest on 5/1/1970. The contest remained only between Ajit Singh on the one hand and the Government of India on the other.

(3.) The lease deed executed by the Government of India is Ex. L. 1. A copy of the same has also been produced by Ajit Singh and is Ex. A4. The relevant stipulation regarding the nature of the lease and the period of lease is to the effect that the lease deed was executed in the general form of lease of waste land in Punjab and it also carried a promise of occupancy right. Clause I of Part I of the lease deed is to the effect that the lease shall be for a term of 99 years renewable after every 30 years. The lease deed is. dated 25/1/1950. However, it commenced on 22/8/1949 and was to end on August 21, 2048.