Ram Mehar vs Union of India (UOI) and Others

Mukul Mudgal, J.—This appeal arises against the order of learned Additional District Judge, Delhi dated 19th July, 1986 in LAC No. 46/1984. The said order disposed of application reference u/s 30/31 of the Land Acquisition Act for apportionment of compensation in Village Sultan Pur Mazra, Delhi.

The claim of the Appellant is that while he owned an area of 53470 sq. yds., he had sold only area 24870 sq. yds., as detailed in CM No. 1784/2000 as per Annexure A. He, therefore, claims that compensation of Rs. 4,28,630/- as shown in the said chart has been wrongly denied to him on an erroneous ground by the learned ADJ. The reasoning of the learned ADJ is as follows:

The above parties have produced their sale deeds executed by Ram Mehar himself or his attorney Tarif Singh. From these sale deeds I have verified that these persons have proved their claims for the compensation of the land detailed above. So compensation be paid to them as stated above for then share of land.

Claim of Ram Mehar is rejected because he has not filed the plan of the plots made by him.

Accordingly, the Appellant has stated that the plea of the Appellant for quantum compensation due to him has been rejected merely on the ground that because the plan of the plots had not been filed.

Learned Counsel for Union of India pointed out that in Section 30/31 reference and appeal arising thereof Respondent/UOI has no role to play. However, in case any amount is already released to the Appellant, the Appellant be directed to indemnify the same to LAC.

In our view, the claim of the Appellant has to be examined in light of the land sold and not to be rejected on the ground that plan has not been filed. We find merit in the contention of the Appellant. Accordingly, the impugned order dated 19th July, 1986 passed by the learned ADJ in LAC No. 46/1984 is set aside. The case be remanded back to the trial court for its disposal in accordance with law. After ascertaining the claim in respect of the total land owned by the Appellant, the amount of land sold and amount of land being held by the Appellant till now.

Parties to appear before the learned District Judge on 17th September, 2008 who shall mark the case to an appropriate court. The trial court while deciding the case shall give notice to all affected parties including the Gramsabha/Director, Panchayat Sabha. Notice need not required to be given to the parties who have already received the compensation.