SANGEETA BAI MORE Vs. COLLECTOR ADM LAND ACQUISITION

JUDGEMENT

(1.) THIS is an appeal filed under section 54 of the Land Acquisition Act, 1894 questioning the award of the District judge, Andaman and Nicobar Islands, Port Blair dated April 13, 2007 made in L. A. Case No. 04 of 2003 that was initiated on the basis of a reference made by the collector, apparently, under section 30 of the Land acquisition Act, 1894. The award under section 11 was made by the collector on October 25, 2002.

(2.) THE land for acquisition whereof the section 4 (1) notification, followed by a notification under section 17, was issued on July 11, 2002 was originally owned by one Vitoba More. He died long ago and was survived by his wife (Dhan Dei), only son (Ram Chander), and five daughters (Subadra and Ors. ). Ram Chander died in 1984 and he was survived by his mother, wife (Sangeeta) and six children. On Ram chander's death, Sangeeta, with her mother-in-law and six children, applied for mutation of the property in question, and we are told that subadra and her sisters unsuccessfully contested the mutation proceedings. In 1985 the competent authority mutated the property in favour of Sangeeta, her six children, and her mother-in-law who died in 1990.

(3.) SUBADRA and her sisters never appeared before the collector. Sangeeta with her children appeared, and the award was made in favour of Sangeeta, her six children, and her dead mother-in-law. As persons interested in the land and claiming an interest in the compensation, subadra and her sisters made certain representation to the Lt. Governor. They did not make any application before the collector under section 30 of the Land Acquisition Act, 1894 claiming, as heirs of Vitoba and Dhan dei, shares of the compensation. The collector, however, noticed the situation, and consequently decided to refer the dispute to the decision of the Court.