TEJDHARI Vs. BAUL

JUDGEMENT

(1.) This appeal has been filed against a judgment of the First Additional District Judge, Varanasi, dated 1st Mar., 1973, declaring the claimants Second Set, i.e. 2 to 5, namely Ram Palat Singh, Ram Murti Singh, Ram Dhani Singh, and Gulab Singh, to be entitled to receive the amount of compensation awarded, Rs. 784.68 paise in question.

(2.) The facts, briefly stated, are these. Certain land of Khata No. 9 was acquired by the Land Acquisition Officer, Varanasi, for Moghlabir Tubewell Channel in village Attarsuiya. Pargana Qasba Raja, Tehsil and district Varanasi. The compensation awarded was prepared in the name of Baul Singh son of Nandan Singh, on the basis of Khasras and Khataunis. Subsequently, Rampalat Singh and others, who were claimant Second Set, appeared and made an application before the Special Land Acquisition Officer that they had purchased the acquired land in question, and, as such, were entitled to receive the compensation. Baul Singh was the claimant First Set. These two sets were heard. But, since they did not agree to the apportionment of the amount of compensation, or as to the person to whom the same was payable, the Collector made a reference under Section 18 of the Land Acquisition Act, to the District Judge.

(3.) Upon the reference being received, the claimants First Set, namely, Baul Singh, did not appear before the Additional District Judge. The claimants Second Set filed their claims to the compensation.