SIRI CHAND SHEO LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of two Letters Patent appeals Nos. 103-D and 108-D of 1950 against the Judgment of a learned Single Judge of this Court in an appeal under Section 54 of the Land Acquisition Act.

(2.) Land measuring 2,626 Bighas 14 Biswas situate in village Khampur was acquired by the Government for construction of a Transmitter. The requisite notification under Section 4 of the Land Acquisition Act was issued on 9th February, 1955. Various persons, Including the appellants, who claim to be non- occupancy tenants in a part of the acquired land, put in their claims which were none into by the Collector who gave his award on 27th February, 1956. A supplementary award was made on 13th March, 1956. The appellants, who were claimants Nos. 35 to 56 before the Collector, objected to the payment of the compensation to their landlords, contending that under the provisions of the Delhi Reforms Act 8 of 1954, they had acquired the status of Bhumidars, and as such were entitled to receive the payment of the compensation for the land In their possession to the exclusion of their landlords. Thereupon on 23rd July, 195S, the Collector addressed a communication to the District Judge, Delhi, remitting the amount in dispute with the prayer that it be disposed of in accordance with the provisions of Section 32 of the Land Acquisition Act, 1894. The matter came up for adjudication before Shri Rameshwar Dial, Additional District Judge, Delhi. The landlords, to whom notices of the proceedings had been issued, disputing the right- of the appellants to claim compensation, contended that even on the basis of the allegations contained in the appellants application, dated 28th October, 1955, made to the collector, they had no present right to compensation, and, consequently, no further investigation was necessary. The learned Additional District Judge thereupon proceeded to try the following issue :-

(3.) The appellants claimed compensation as Bhumidars, but in view of the avernment in their application, dated 28th October, 1955, that they had only applied for a declaration under Section 13 of the Delhi Reforms Act, the Court held that since the requisite declaration in their favour had not been made by the Deputy Commissioner they had no present right to claim compensation in respect of the land of which they claimed to be non-occupancy tenants. In disposing of the relevant issue, the learned Additional District Judge observed as follows:-