LAL CHAND Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) THE only question of law involved in this case is whether a person who has been conferred proprietary right u/s of the Agrarian Reforms Act, 1976 is entitled to full compensation under the Land Acquisition Act like any other owner. The issue has arisen because the land of the petitioners has been acquired under the Land Acquisition Act for constructing railway line from Jammu to Udhampur. All of them have admittedly been granted ownership right u/s 8 of the Land Acquisition Act. However, the Collector, Land Acquisition has held them entitled to only 1/ 3rd of the amount of compensation assessed for their land. They have moved this petition for quashing of compensation to 1/3rd of the total amount assessed.

(2.) THE stand of the respondent -State is (hat the petitioners should have approached the District Judge u/s 18 of the Land Acquisition Act who alone could determine their rights. Alternatively it is pleaded that the petitioners being allottees of the land are limited owners and therefore, full compensation is not payable to them.

(3.) IT appears the petitioners had approached the Divisional Commissioner, Jammu who vide his letter dated 6.8.91 addressed to the Financial Commissioner wanted the matter to be taken up with the Commissioner Agrarian Reforms. The relevant portion of the letter is extracted below: - "I have minutely examined the whole record produced by the applicants and also heard the views of their counsel. The request of the counsel for amendment of the award under section 11 -A of Land Acquisition Act cannot be accepted as under the aforesaid section only the arithmetical/ clerical errors are corrected after issuance of the award, whereas counsel for the applicants has been agitating for amendment of the draft awards prepared by the Collector, Northern Railways. The plea of the counsel is based on the recorded position of the applicants as given below in respect of each persons: - i) Shri Gulab Chand S/o. Ramu R/o. Jakhani stands recorded as allottee in Rabi 2010 -BK for area measuring 36 kls 03 Mls comprised in Kh. No. 196(Banjar Qadeem). Subsequently 24 kanals 3 marlas was mutuated under section 8 of the Agrarian Reforms Act vide mutation No.314 of village Jakhani. In the report of Patwari on the mutation sheet, he is recorded as allottee under Govt. Order LB -7. ii) Dina Nath S/o. Ramu R/o Jakhani has been conferred ownership rights u/s 8 of the Ag. Ref. Act in respect of the land measuring 12 kanals comprised in Kh. No. 196 -min of village Jakhani vide mutation No. 332. He is not shown as allottee of the land in Rabi 2010 or onward. (iii) Muni Ram S/o. nathu R/o Jakhani has been shows as allottee of land in Rabi 2010 -BK for land measuring 21 kanals 4 marlas (Banjar Qadim) comprised in Kh. No. 195 of village Jakhani. Subsequently by virtue of mutation No. 221, the aforesaid land was mutuated in his favour under the provisions of section 8 of the Agrarian Ref. Act thereby conferring ownership rights. iv) Labu Ram S/o. Sadhu Ram R/o. Jakhani has been recorded as allottee in 2010 -BK for the land measuring 9 kanals 11 marlas comprised in KH. No. 191 (3 kanala 16 marlas) 192 (5 Kls -15 Mis) of village Jakhani and mutation No 215 conferring ownership rights u/s 8 of the Agrarian Reforms Act stands attested in his favour, v) Lal Chand is the son of Nek Ram R/o. Sayal Sala. Nek Ram has been covered ownership rights by virtue of mutation No. 202 of village Sayal Salam for land measuring 12 kanals comprised in Kh.No.115 -min. He is entered as allottee in Kharief 1971. vi) Kaka Ram S/o. Sadhu Ram R/ o. Sayal Salam has been conferred ownership rights u/s 8 of the Agrarian Reforms Act upon the old State land measuring 16 kanals comprised in Kh. No.139 of village Sujalta by virtue of mutation No. 499. The aforesaid position of the applicants in the record clearly indicates that these applicants have now acquired ownership rights under the provisions of Ag. Ref. Act, and the applicants claim the benefits as absolute owners of the land having been acquired by them under the provisions of sec.8 (2) read with sec.3 (n) (ii) of the Ag. Reforms Act. In view of these facts, the case of the applicants is required to be examined by you as Commissioner, Ag. Reforms to determine their claims. The applications alongwith copies of Rev. documents and copy of referred circular are enclosed for perusal and appropriate orders in the matter."