GRAM PANCHAYAT, SHAHBAJPUR Vs. PHOOL SINGH AND OTHERS

JUDGEMENT

(1.) This regular first appeal is directed against the award dated 31.5.2014 passed by the learned Reference Court, whereby reference filed by the respondents-land owners under Section 30 of the Land Acquisition Act, 1894 ('the Act' for short) was allowed, declaring them entitled to receive the compensation, proportionate to their share, in the acquired land.

(2.) Brief facts of the case are that the State of Haryana sought to acquire land measuring 167K-4M situated in the revenue estate of village Piwara, Tehsil and District Rewari at public expenses for the public purpose namely for the development and utilisation of land as residential and commercial for Sectors 17, 18, 19 and 20 at Rewari. Notification for the said purpose was issued on 27.1.2003 under Section 4 of the Act which was followed by notification dated 23.1.2004 under Section 6 of the Act. Award No. 32 dated 20.1.2005 was announced by the Collector. Land ownersrespondents herein, filed their objections claiming themselves to be the persons interested, being proprietors of the village and the share holders in the acquired land and name of appellant-Gram Panchayat, Shahbajpur having been recorded wrongly in the column of ownership in the record of rights. Both the parties led their evidence. After hearing the learned counsel for the parties and going through the record of the case, the learned Reference Court came to the conclusion that claim put forth by the appellant-Gram Panchayat was misconceived and accordingly, petition under Section 30 of the Act filed by the claimants-respondents was allowed vide impugned award dated 31.5.2014. Hence this appeal, at the hands of the Gram Panchayat.

(3.) Having heard the learned counsel for the parties, after careful perusal of the lower court record and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that instant appeal is without any merit and the same is liable to be dismissed, for the following more than one reasons.