TAHSILDAR, PATTAMUNDAI Vs. DUKHOI SETHI AND ORS.

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act against an award in a reference under Sec. 30 of the Act.

(2.) In 1964, an area of 152 acres 87 decimals was acquired compulsorily for construction of the approach and surplus channel of Brahmani Escape. Respondents claimed to be occupancy rayats. in respect of 8 acres 1 decimal out of the total area and requested the Land Acquisition Collector to pay the compensation to them which was awarded in favour of the Tahasildar. Pattamundai treating the same to be Government land. In view of the claim, Land Acquisition Collector made a reference to Court under Sec. 30 of the Act. Trial Court held that petitioners acquired occupancy right and accordingly, are entitled to the compensation amount.

(3.) In this appeal the only question to be decided is whether claimants are simple Bhag Chasis or are occupancy tenants as claimed by them. It is not disputed that:in case it is held that claimants are occupancy tenants, award of the trial court is to be affirmed, If, however, it is held that they are Bhagchasis, the quantum of compensation is to be apportioned between the Tahasildar and the claimants.