RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN what proportion the compensation payable on acquisition of land is to be distributed between Bhumidhar/Asami on the one hand and Gaon Sabha, recorded owner of the land, on the other hand, is the question that has arisen for consideration in this appeal. Before we proceed to discuss the prevailing law and decide this question, we would like to take note of the relevant facts.

(2.) VIDE notification dated 27.1.1984 under Section 4 of the Land Acquisition Act (hereinafter referred to the ? Act ? ) followed by declaration dated 18.9.1984 under Section 6 of the said Act, land measuring 1156 bigha, which included the land, subject matter of this appeal, was acquired. The land in question comprises in Khasra No. 64/1 measuring 1 bigha 11 biswas situate in revenue estate of village Sahupur, Delhi, the LAC determined the market value at Rs. 32,355/-.

(3.) THE learned ADJ vide his orders dated 5.10.2005 has held that the appellants are entitled to 60% of compensation and Gaon Sabha would receive 40% of compensation. While holding so, the learned ADJ has relied upon the judgment of the Division Bench of this Court in Moti Lal Jain v. Mukhtiar Singh, 117 (2005) DLT 538. Since the appellants claim 75% of the compensation, they have preferred these appeals.