BALKRISHNA DAJI GUPTE Vs. COLLECTOR BOMBAY SUBURBAN

JUDGEMENT

(1.) Certain lands situated in the District of Thana were notified for acquisition under the Land Acquisition Act. Notice was served by the Collector on Mr. P.N. Gupte, in whose name the lands stood in the Government records.

(2.) On May 5, 1920, Mr. P.N. Gupte put in a claim for compensation under Section 9 of the Land Acquisition Act. Mr. B.D. Gupte, his uncle, who was present, stated that he and Mr. P.N. Gupte, his nephew, were interested in the same land.

(3.) After the award was made Mr. B.D. Gupte wrote, on July 8, 1922, to the Salsette Development Officer stating that he was the owner of one half of the land, and had appeared before the Collector to make a demand for compensation. He complained that without any further intimation to him a cheque for the full value of the land had been ordered to issue to his nephew, Mr. P.N. Gupte, and in spite of his protest made when he appeared again on June 30, the cheque was handed over to Mr. P.N. Gupte. He, therefore, made an application under Section 18 that the matter might be referred to the District Judge of Thana for settling the apportionment of payment. On that letter a note was made that nothing could be done by the Collector as Mr. P.N. Gupte only had been recognised as the claimant.