UNION OF INDIA Vs. NAND LAL & OTHERS

JUDGEMENT

(1.) Heard Sri Tarun Verma, counsel for the appellant-Union of India and Sri Rahul Sahai, Advocate on behalf of the claimants.

(2.) This first appeal under section 54 of the Land Acquisition Act, 1894 has been filed by the Union of India through General Manager Central Railway Mumbai against the judgment and order of the reference court namely Additional District Judge, Mathura passed in Land Acquisition Reference No. 123 of 1989. Facts relevant for deciding the present first appeal are as under:

(3.) Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was published on 1.11.1986 in matter of acquisition of the land falling within village Mathura Bangar, Tehsil Mathura, District Mathura, which included amongst others the land on which the claimants Nandlal and others were recorded as tenure holders. Notification under Section 4 was followed by a notification under Section 6 of the Act dated 17.12.1986 but it so happened in between the village was brought into consolidation and therefore, there had been a change of plot numbers. This resulted in a fresh notification being issued under Section 6 with the correct plot numbers on 22.10.1988. In order to keep the record straight, it may be noticed that on the basis of incorrect notification published under Section 6 on 17.12.1986, the State of Uttar Pradesh, through its Collector had taken possession of the land subject matter of the notification. As a consequence to the subsequent notification published under Section 6 dated 22.10.1988, the possession, which was irregular stood regularized.