MEGHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) The petition challenges an order dated 11th July, 2013 of the Additional Collector (Land Acquisition), Gautam Budh Nagar. The dispute in the present case is between the petitioners who claim to be the sons of deceased Kunwar Pal alias Balwant and 8th respondent who claims to be his daughter in regard to the apportionment of compensation payable in pursuance of an award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act').

(2.) Upon the death of Kunwar Pal, the Khatauni was mutated in pursuance of an order dated 30th August, 2010 to reflect the name of 1st and 2nd petitioners as his sons. Subsequently, this order was recalled by the Naib Tehsildar on 14th November, 2011 ex-parte in proceedings initiated by the 8th respondent under Section 34 of the U.P. Land Revenue Act, 1901 (hereinafter referred to as the 'Land Revenue Act') with a direction that the name of the 8th respondent shall be mutated. On an application filed by the petitioners, the order dated 14th November, 2011 was recalled and the revenue proceedings were restored to file. Consequently the revenue proceedings under Section 34 of the Land Revenue Act are pending.

(3.) In this background, the 8th respondent made a claim before the Additional Collector (Land Acquisition) for the payment of compensation as daughter of deceased Kunwar Pal. The petitioners objected to the disbursement of the compensation to the 8th respondent. Rejecting the objections of the petitioners, which were lodged on 2nd January, 2012, the Additional Collector (Land Acquisition) by the impugned order dated 11th July, 2013 directed for payment of compensation to the 8th respondent subject to the filing of an undertaking by way of an affidavit that she will indemnify any claim in that regard.