LAWS(DLH)-1979-9-2

BHAGWAN DAS Vs. UNION OF INDIA

Decided On September 14, 1979
BHAGWAN DASS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In due course L.A. Collector made the award. But as there was dispute between interested persons regarding payment of compensation Collector referred the dispute to Land Acquisition Judge u/s 30 & 31 of the Act.

(2.) The appellant Bhagwan Dass and Kirpa Ram (Kirpa Ram s/o Molar) were declared as the bhumidars of the land acquired by the Government by the Additional District Judge by order dated November 6, 1970 made on the reference under s. 30 and 31 of the Act. There were other claimants also. Kirpa Ram and Chandgi Ram son of Thakur Singh claimed to be the owners. They claimed compensation on the ground of ownership. Then there were Ranbir Singh and Randhir Singh sons of Chandgi Ram. They laid claim to compensation on the basis of possession. After an enquiry into the respective claims of all the interested persons the land acquisition Judge came to the conclusion that Bhagwan Dass and Kirpa Ram were the bhumidars. He found in their favour and ordered that compensation be paid to them in respect of the three khasra numbers, namely, fields No. 105, 314/1 and 255.

(3.) To recall the events. After the Collector had made the award Bhagwan Dass and Kirpa Ram made a reference petition on April 14, 1967 under s. 18 of the Act. In this they claimed enchancement of compensation. They claimed compensation at the rate of Rs. 10,000.00 per bigha for the whole of their land acquired under the award. The Collector had awarded them compensation at the rate of Rs. 1,200.00 for block A and Rs. 800.00 for block B per bigha.