LACHHMI SINGH Vs. SOHAN SINGH AND OTHERS

JUDGEMENT

(1.) Aggrieved by the award passed by the learned Additional District Judge (I), Shimla, Camp at Rohru, on 21.03.2015, whereby the application for making reference under Sec. 30 of the Land Acquisition Act (for short the 'Act') came to be dismissed, the appellant has filed the instant appeal.

(2.) Brief facts are that award bearing No.579 dated 31.05.2006 came to be passed by the Collector for the acquisition of land for the construction of drift to Chirgaon Majhagaon Project in Village Peja Chirgaon,District Shimla. However, the payment of amount of compensation was with-held till the title of the acquired land was cleared. The appellant claimed himself to be the owner of Khasra No.1475/1 and in possession of Khasra Nos.1468/1 and 1471/1. As regards Khasra No.1471/1, the appellant claimed to have purchased the same. However, as regards Khasra No.1468/1, it was claimed that this Khasra Number is recorded under the ownership of respondents, but has remained in exclusive possession of the appellant as per revenue records and the possession of the appellant is also recorded in the order dated 24.02.1987 passed by the Assistant Collector 2nd Grade. The said Khasra Number was sold by the predecessor of the respondents to the appellant through oral sale, but it could not be reflected in the revenue records due to inadvertence. It was further contended that even otherwise the appellant has remained in peaceful and un-interrupted possession after the oral sale which ripened into ownership by way of adverse possession and, therefore, he was entitled to the entire compensation of the aforesaid Khasra Number i.e. Khasra No.1468/1.

(3.) The respondents contested the application on the ground of maintainability. It was pleaded that they were in possession of the land and the present application was rather time barred. The appellant taking undue advantage of the wrong revenue entries was un-necessarily trying to lay claim over the land in question and further that no order was passed by the Assistant Collector on 24.02.1987, as alleged.