Chatru vs Union of India (UOI) and Others

Markandeya Katju, C.J.—This Writ Appeal has been filed against the impugned judgment of the learned Single Judge dated 05.12.2002.

2.We have heard learned counsel for the parties and perused the record.

The facts of the case have been set out in the judgment of the learned Single Judge and, hence, we are not repeating the same except where necessary.

The petitioner/appellant alleged that he was the owner of some land which was acquired and claimed an alternative plot since his land was acquired under the Land Acquisition Act. However, the respondent no.3 vide its letter dated 20.10.1987 rejected his claim on two grounds:- 1) the petitioner was not a bhoomidar and 2) the petitioner had acquired rights after the notification u/s 4 of the Land Acquisition Act.

The learned Single Judge held that the second reasoning was not valid in view of the judgment of this Court in Shiv Devi Vs. Lt. Governor, . However, the learned Single Judge found nothing wrong with the first reasoning disentitling the petitioner to allotment in view of the fact that the petitioner was only a bhoomidar, and not owner of the land.

We agree with the learned Single Judge that the petitioner was disentitled as he was only a bhoomidar and not the owner of the land in question. Hence, this Appeal is dismissed.