HAQIQAT SINGH Vs. KESAR SINGH

JUDGEMENT

(1.) Land measuring 2 kanals 4 marlas comprised in Khasra No. 17/21/2 belonging to Sarvshri Gurbax Singh, Ajmer Singh, Bant Singh, Shamsher Singh, Haqiqat Singh sons of Munshi five shares, Kesar Singh, Surinder Singh, Harchand Singh, Paramjit Singh, Avtar Singh sons of Gurbax Singh equal share in one share was acquired by the Punjab Government vide its Notification under Section 4 of the Land Acquisition Act, 1894 dated 9.3.1987 in village Kheri Bir Singh, District Patiala for construction of Sutlaj Yamuna Link Canal. Land Acquisition Collector gave his award on 17.9.1987.

(2.) At the time of payment of the acquired land Haqiqat Singh raised objection regarding the payment of compensation claiming therein that Bant Singh one of the co-sharers has disposed of his entire land in the Khata and as such no compensation be paid to him. Land Acquisition Collector referred the matter under Section 30 of the Land Acquisition Act for adjudication.

(3.) The learned District Judge, Patiala, vide his judgment dated 17.10.1989 held that all the claimants except Bant Singh were entitled to share the compensation in accordance with their shares in the joint khata as depicted in the Jamabandi for the years 1982-83 Ex. A-1. It was further held that in case any of the co-sharers has disposed of his share partly or wholly in the joint khata like Bant Singh he shall not be entitled to share the compensation.