UNION OF INDIA (UOI) Vs. MATHA

JUDGEMENT

(1.) This is a land -owners appeal arising out of proceedings under Sec. 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act.

(2.) The Respondent applied under Sec. 11(1) of the Act for the grant of proprietary rights. The Compensation Officer rejected the application. On appeal by the tenant, the learned District Judge set aside the order of the Compensation Officer and allowed the application. In the result the Respondent was granted proprietary rights on payment of compensation.

(3.) In this second appeal by the land -owner, the only question for consideration is whether the land which is the subject of the proceeding is "land" to which Sec. 11 of the Act applies. Sec. 2(5) of the Act defines "land" to mean: