SHIV KUMARI GUPTA WIFE OF LATE RAMESH CHANDRA GUPTA Vs. HAMEEDA BIBI WIFE OF SAFIULLAH AND SHAHID JAMAL

JUDGEMENT

(1.) This appeal is under Section 54 of the Land Acquisition Act. It arises out of a reference made by the Land Acquisition Officer to the District Judge, Varanasi under Section 30 of the Land Acqusition Act.

(2.) The State Government by means of two notifications dated 27th Feburary 1987 under Section 4 of the Act and dated 29th April 1987 under Section 6 of the Act acquired two bighas of land of village Jalalpur, Pergana Bhadohi, District Varanasi for Bhadohi Industrial Development Authority. The Special land Acquisition Officer by its award dated 2nd of November 1987 determined the compensation for the aforesaid piece of land at Rs. 1,69,772-51. There was a triangular fight before him with regard to the receipt of the compensation amount. The present appellants claimed the compensation amount on the basis of the two sale deeds dated 20th August 1943 and 29th of August 1919, For the sake of convenience the appellants shall be called (hereinafter to referred as the first set). The respondent not claimed the compensation on the basis of a lease deed dated 13.10.76 executed by the power of attorney holder of one Zamilur Rehman. The said lease deed was subsequently acknowledged by zamulur Rehman (alleged owner of the land) in favour of the respondent No. 1 (she will hereinafter to referred as second set). The respondent No. 2 of the appeal has claimed compensation amount on the basis of the oral gift (Hiba) in his favour by another owner of the land in question (hereinafter to called as claimant third set.)

(3.) The Court below came to the conclusion that the second set (respondent No. 1)is entitled to receive the compensation amount. The entitlement of the first set and third set were denied by the Court below. Since the third set namely the respondent No. 2 has accepted the award of the Court below and has not challenged the same by filing any appeal, it is not necessary in this appeal to discuss the case of the third set. The lis is now confined to in between the first set (appellant) and the second set. (respondent No 1).