RAJINDRA KUMARI Vs. COLLECTOR, SHIMLA

JUDGEMENT

(1.) The appellants are the legal representatives of late Shri Raj Kumar Rajinder Singh, who aggrieved by the award passed by the learned District Judge in petitions filed under Section 30 of Land Acquisition Act, 1894 (hereinafter called the 'Act'), have filed the instant appeal(s). Likewise, the cross objections have been filed by the private respondents whereby their claim(s) of having acquired the property by way of adverse possession has been dismissed.

(2.) The Government of Himachal Pradesh in the Department of MPP and Power vide notification dated 05.03.1988, published in H.P. State Gazette on 01.07.1989 under Section 4 of the Act had notified the acquisition of land in dispute situate at Jhakri for construction of residential accommodation for staff of Nathpa Jhakri Power Project. In the books of the Collector, original petitioners Raj Kumar and Rajinder Singh (since deceased) stood recorded as owner in possession of the land in dispute. However, at the time of last settlement in 198283, private respondents stood recorded in possession of the land in dispute without any status. The Collector Land Acquisition had determined the compensation payable for acquisition of the land, however, he observed that the amount of compensation for acquisition of the land could not be paid to the petitioner Raj Kumar and Rajinder Singh since a dispute about the title had arisen as a result of application of H. P. Abolition of Big Landed Estate and Land Reforms Act, 1953 (hereinafter called the Land Reforms Act) and H. P. Ceiling on Land Holdings Act, 1972 (hereinafter called the Ceiling Act). Accordingly the Collector referred the dispute under Section 30 of the Act for adjudication All r the to the District Judge on 13.01.1993.

(3.) Reference Petitions were clubbed consolidated together with Land Reference Petition No. 68-R/4 of and 1995/93 vide order dated 21.05.2001. Evidence recorded in the aforesaid reference was ordered to be read in all the reference petitions as per the statements of the learned Counsel for the parties.