PRAFUL CHAND Vs. GOVINDU RAM

JUDGEMENT

(1.) The appellants are the successors of Shri Jagat Ram one of the co-owners. They have challenged the award dated 30.6.2011 passed in Land Reference No.26-S/4 of 1994 by the learned Additional District Judge, under Sections 18 and 30 of the Land Acquisition Act, in short "the Act". The facts giving rise to the present appeal are as under:-

(2.) Shri K.D. Sood, learned Senior Advocate, duly assisted by Shri Sanjeev Sood, Advocate, submitted that the shares of each of the appellants is only 2.727% out of Rs. .3/-. The total price assessed for the building was Rs. .51,900/- wherein admittedly there were 14 tenants. The aforesaid assessment also includes the amount of site development, water/ electricity installation, retaining wall and construction of a tank for which, no share could be paid to the tenant and the Dhara was not in existence at the time of acquisition nor it found mentioned in the award of the Land Acquisition Collector, therefore, no amount was awarded. The Notification of acquisition under Section 4 of the Act was issued on 10.12.1991, whereas he vacated the premises in February, 1992. He was a monthly tenant @ Rs. .60/- in one room having no right in the land. It is also submitted that the share of both the appellants comes to Rs. .880.02 paise, therefore, the claimant Govindu Ram could not have been awarded more than the compensation awarded to the appellants.

(3.) Contrary to it, Shri T.C. Sharma, learned counsel for respondent-claimant Govindu Ram vehemently argued that apart from the fact that the said claimant was tenant in the rented premises as alleged, he was also having about one bigha of land in his possession over which a shed was in existence. He referred to the statements of the witnesses on record and made every endeavour tried to justify the impugned award.