MANGTOO ALIAS MANGOO Vs. UNION OF INDIA

JUDGEMENT

(1.) The learned Land Acquisition Collector Mr. Ravi Dadhich, SDM, Preet Vihar has produced on record a letter dated 31st July, 1997 addressed to this Court under special reference No. 10 of the Land Acquisition Act, 1894 (In Short the Act). Along with that letter a statement showing the particulars of the parties and the Khasra Numbers, total areas thereof and the share of the appellants have also been mentioned. Copy of the same had been given to Mr. M.L. Lonial, who accepts the position indicated in this statement regarding Khasra numbers and the shares of the appellants mentioned in the same.

(2.) We have gone through the paper book which shoves that before the learned Additional District Judge could deliver his order on the reference made under Section 18 of the Act, the learned Land Acquisition Collector sent an additional revised statement under Section 19 in LAC No. 144/76. The same was forwarded to the learned Additional District Judge, wherein detial of the Khasra Numbers, shares and the kind of soil we mentioned. However, while delivering the impugned order, it appears the learned Additional District Judge did not take into count the additional revised statement. Hence the correct entitlement of the shares of the appellant has not been properly indicated in the impugned order to the effect that one of the Khasra Number 699/520 has been completely omitted in the impugned order. Even the shares of the appellant have not been correctly indicated. Therefore the appellant expressed this as one of the grievance in this appeal.

(3.) In view of the undisputed position which has now emerged after the correct statement has been filed by the S.D.M., Preet Vihar, we consider that subject matter of the appeal now relates to Khasra numbers and shares therein as mentioned in the said statement. Accordingly the appellant would be entitled to compenstion in respect of full shares of Khasra Nos. 700/520 (2-01), 720/478 (3- 19); 721/478(1-16), 479 (10-16), 709/214 (4-01),490 (3-18), 718/478 (1-09), 521 (2-14), 701/520 (1-04), 500 (1-16), 716/478/2 (0-14), 489/2 (3-10), Appellant will also be entitled to full share with regard to Khasra No. 467(1-19). He would further be entilted to full share regarding khasra Nos.712/405 (4-8), 711/405(6-3), 713/ 405(2-04), 715/405 (0-04), 714/405 (1-03). However, he will not be entitled to any share of Khasra Nos. 406(14-14), 407(5-14), 717/478 (0-18), 699/5.20 (3-18), 589/221 min.(0-15), 695/220 (1-07).