DAYALO Vs. DHANO

JUDGEMENT

(1.) ONE of the important questions of law has been mooted in this appeal as to whether the non-proprietors who have been given the grazing rights in the shamlat deh are entitled to share in the compensation for the land which has been acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act").

(2.) THE facts are not disputed. The Chandigarh Administration vide Notification Nos. P-1/83/80 dated 7.4.1980 and P-1/80-87 dated 22.9.1980 issued under Sections 4 and 6 of the Act had acquired 16.66 acres of land in village Dhanas, U.T. Chandigarh. The Collector assessed the value of the land and the same was deposited in favour of respondent Nos. 2 to 38. The appellants i.e. non- proprietors filed the objections before the Additional District Judge, Chandigarh that by virtue of the decree passed on 20.10.1952, the grazing rights have been reserved in their favour, therefore, they were entitled to the apportionment of the compensation i.e. 50-50 share which was received by respondents No. 2 to 38. The learned Addl. District Judge, Chandigarh after giving an opportunity of hearing to the respondents, dismissed the objections. Aggrieved by which, the present appeal has been preferred.

(3.) ON the other hand, Mr. H.N. Mehtani, learned counsel for the respondents very fairly and candidly made a statement that though there was a decree of grazing right in favour of the appellants, but that does not give right to the appellants to claim compensation. He submitted that the appellants were using the land temporarily for grazing the cattle and they have no permanent right or interest in the land in dispute.