RATTI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order dated May 8, 1993 of the executing Court in a land acquisition matter. The Regular First Appeal being R.F.A. No. 702 of 1973 and Civil Misc. 88 Cl of 1986 were disposed of by this Court on September 15, 1989. Petitioner and respondents who are heirs of Bhoop Singh and Nathi Ram in R.F.A. 702 of 1973 are entitled to receive the compensation as per the order of this court. However, the dispute arose between the heirs of Bhoop Singh as also the heirs of Nathi Ram as to their share in the land which was the subject matter of acquisition. According to the heirs of Bhoop Singh their share in the land comes to 12897.83 Sq. Yds. and that of Hukam Chand etc. heirs of Nathi Ram comes to 9154.40 Sq. Yds. The case of heirs of Nathi Ram on the other hand is that they are entitled to compensation with the heirs of Bhoop Singh in equal shares. There is, however, no decision either by the civil court or in proceedings Under Section 30 of the land Acquisition Act, whereby it may have been determined as to what are the respective shares of Bhoop Singh and Nathi Ram or their heirs.

(2.) The executing court by order dated May 8, 1993 directed Ratti Ram etc. heirs of Bhoop Singh and Hukam Ghand etc. heirs of Nathi Ram to withdraw half of the amount of compensation each. Refund vouchers were accordingly ordered to be prepared.

(3.) Ratti Ram and others, heirs of Bhoop Singh, filed this petition challenging the order of the executing court, whereby it directed the disbursement of the compensation half and half to two sets of claimants.