UNION OF INDIA Vs. RAM CHANDER

JUDGEMENT

(1.) This is an appeal from the order of the Additiol District Judge dated March 4, 1971.

(2.) The respondents' land was acquired by the Government. In due course the collector made the award. The respondents were dissatisfied with the award. They asked the collector to refer the matter to the Court under Sec. 18 of the Land Acquisition Act (the Act.) On receipt of reference in the court of the Additional District Judge the respondents discovered that the collector had omitted to include khasra No. 1976/1203 measuring 2 bighas and 2 biswas of their acquired land. On October 15, 1968, they made an application for amendment of the reference. In the application it was submitted that in the original schedule prepared under Sec. 19 (2) of the Act Khasra No. 1976/1203 be also included. The respondents with their application submitted an amended schedule which included khasra No. 1976/1203. In reply to the application the Union of India admitted that the position taken by the respondents was correct. Mr. Sapra, counsel for the Union of India, admitted the correctness of the amended schedule which included Khasra No. 1976/1203.

(3.) On December 2, 1968, the Additional District Judge decided the reference petition but he forgot to award compensation for khasra 1976/1203 in his judgment. This was primarily for the reason that this khasra number was not originally mentioned in the statement of the collector under Sec. 19 of the Act.