CHOKHA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) State of Haryana acquired certain land in village Hathin District Faridabad, for setting up an Urban Estate. Out of the acquired land, in respect of land bearing Khasra No. 40/19/2, 19/3, 20, 21/1, total measuring 15 kanals 15 marlas, the entry in the column of ownership was in the name of Arazi Mutraka i.e. custodian land. Land Acquisition Collector, Urban Estate Faridabad, gave his award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Petitioner claimed that the land measuring 15 kanals 15 marlas, which was shown in the ownership of the custodian, had, in fact, been allotted to him and that he was entitled to the compensation given by the Land Acquisition Collector. The original compensation was not paid to the petitioner.

(2.) Petitioner filed an application under Section 18 of the Act, for enhancement of the compensation on 30.10.1981, copy of which has been attached as Annexure P-1. Petitioner also filed an application under Section 30 of the Act for apportionment. One copy of the application, addressed to the Land Acquisition Collector, Urban Estate, Haryana, Faridabad, was sent by post through receipt No. 81, Annexure P-3. The same was received in the office of the Land Acquisition Collector, Faridabad, on 31.10.1981. The original of the receipt, Annexure P-3, has been taken on record. It clearly shows that some communication addressed by the petitioner had been received in the office of the Land Acquisition Collector, Faridabad. Thereafter, petitioner made an application to the Indian Post and Telegraph Department to give a certificate to the effect that the letter sent by him by registered post had been delivered to the office of the Land Acquisition Collector, Faridabad. Annexure P-5 is the certificate issued by the postal authorities saying that the MO/Articles under reference had been delivered to the payee. These applications remained pending with the Land Acquisition Collector, Faridabad.

(3.) Petitioner kept on agitating that he is entitled to the compensation which had been awarded by the Land Acquisition Collector, Faridabad, as the land in dispute had been allotted to him. Civil Court in Chokha Ram S/o Khan Chand v. Ram Vir and others (O.A. No. 11 of 14.6.1984, Old No. 58 of 31.3.1983), vide order dated 4.3.1985, Annexure P-10, held that the petitioner was the owner in possession of the land in dispute and was entitled to receive the compensation amount in respect of the land. After this judgment of the civil Court, petitioner was given the compensation which had been awarded by the Land Acquisition Collector, Faridabad.