SANDHYA RANI DEVI Vs. GOUR CHANDRA PANDA

JUDGEMENT

(1.) THIS appeal at the instance of Bharat Mahanty, the original petitioner appellant, who has died during the pendency of this appeal, is directed against the impugned judgment and decree dated 4.7.19,89 and 22.11.1989 respectively passed in Land Acquisition Case No. "93(85} of 1985 by Shri H.C. Prasad, 1st Subordinate Judge, Seraikella whereby and whereunder the reference under Section 30 of the Land Acquisition Act {hereinafter referred to as to the said Act) on the basis of the petition of the petitioners -appellant made by the Land Acquisition Authorities for deciding the right title and interest of the original petitioner -appellant is respect of the acquired land for his entitlement to get compensation was dismissed,

(2.) THE State of Bihar (now Jharkhand) had acquired plot Nos. 530, 531, 532, 249, 250 and 251of Sikmi Khata No. 73 under Khata No. 105 of village Gopalpur, Thana No. 225, PS Nimdih, district Singhbhum (now Seraikella Kharsawan) for Swarnrekha Multipurpose Project and award No. 47 in respect of plot Nos. 530, 531 and 532 and award No. 51 in respect of plot Nos. 249, 250 and 251 besides plot No. -180 K were prepared in the name of opposite parties -respondent and compensation amount of Rs. 31,267 and Rs. 26,338 under the aforesaid awards respectively were paid to the opposite parties - respondent in respect of the aforesaid land besides some other plots No. 105 stands recorded in the name of Rajni Panda. Khata No. 73 is a Sikmi Khata under Khata No. 105 aforesaid and Sikmi Khata No. 73 stands recorded in the name of the original petitioner appellant in respect of the aforesaid plots. The acquisition in question was made vide Land Acquisition Case No. 105/80 -81. A petition under Section 30 of the said Act was filed by the original petitioner -appellant before the Land Acquisition Authorities in Land Acquisition Case No. 105/80 -81 on 30.9.1985 claiming himself as rightful owner of the aforesaid plots entitled to get compensation amount in respect thereof as per the awards aforesaid.

(3.) THE case of the original petitioner -appellant is that the aforesaid plots under Sikmi Khata No. 73 has been recorded in his name in the Survey Records of Right and the said Khata No. 73 has been recorded under Sikmi Dakhalkar right under Khata No. 105 in the name of the Rajni Panda and the opposite parties -respondent are in no way connected with the aforesaid land and they were never in possession over the same and they have also no right, title or interest in respect thereof and they in collusion with the Land Acquisition Authorities had obtained the compensation amount in respect of the said land on their acquisition as per award Nos. 47 and 51. It is also alleged that no notice in respect of the acquisition of the said land under different provisions of the said Act was ever served upon him and award Nos. 47 and 51 were wrongly prepared in the name of the opposite parties -respondent who have no right title or interest in respect of the land under acquisition and they were also never in possession over the same. The further case of the petitioners - appellant is that they have improved the land under acquisition considerably and they are in possession over the same as of their right as Sikmidar and when they came to know about the payment of the compensation to the opposite parties -respondent in respect thereof, they had filed this petitioner under Section 30 of the said Act.