KAHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Union of India acquired 1850 Acres of land situated in the revenue estate of Village Faridkot in District Faridkot by issuing notification under Section 4 of the Land Acquisition Act. Notification, under Section 6 was issued on 27th of August 1974. Special Land Acquisition Collector gave his award on 28th May, 1975.

(2.) Petitioner had settled in the land comprising Khasra No. 5963/1 measuring 6 Kanals 5 Marlas which belonged to Assa Singh, Hakam Singh, Hardial Singh, Baldev Singh, Surjan Singh S/o Lal Singh and in whose hands the land in dispute had been declared to be surplus. Since Assa Singh etc had been recorded in the column of owners and the petitioner as a settled tenant in the column of possession in the jamabandis, the compensation award by the Special Land Acquisition Collector on 28th May, 1975 was paid to Assa Singh etc. Mutation regarding ownership was sanctioned in favour of the petitioner on 19th June 1975.

(3.) Assa Singh etc. did not file any application under the Land Acquisition Act (hereinafter referred to as the Act) for enhancement of compensation to the District Judge. Some other claimants filed applications for enhancement of compensation of the land which was acquired under the same notification Additional District Judge, Faridkot vide his orders dated 28.2.1989 in land reference No. 2 of 1982 enhanced the compensation.