MUKTESHWAR PRASAD,J. - (1.) THIS first appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') by Smt. Sureshwati (claimant) is directed against the judgment and decree dated 24 -1 -2001 passed by District Judge, Gautam Budh Nagar whereby he found that neither the claimant nor M/s. NSR Farms Pvt. Ltd. is entitled to receive compensation in respect of Khasra No. 554/3 area 5 -0 -0 Bighas situate in village Geja Tilaptabad, Pargana and Tehsil Dadri, District Gautam Budh Nagar and the land in question would be deemed to have been resumed by the State.
(2.) IN brief, the facts of the case giving rise to this appeal are as under: It appears that the land recorded as Khasra No. 554/3 area 5 - 0 -0 Bighas situate in village Geja Tilaptabad, Pargana and Tehsil Dadri. District Gautam Budh Nagar was acquired for the planned development of New Okhla Industrial Development Authority. In the Revenue records, the name of Smt. Sureshwati, widow of Shri Ram, was recorded as Bhumidhar with non - transferable rights. Therefore, the compensation under Section 11 of the Act was prepared in her name. However, M/s. NSR Farms Pvt. Ltd. 11, Sadhna Enclave, New Delhi preferred a claim for payment of compensation of the land in question on the ground of being a transferee of Smt. Sureshwati. An objection was filed. Since M/s. NSR Farms Pvt. Ltd. and Smt. Sureshwati were claiming their rights for payment of compensation in respect of the aforesaid Khasara No. 554/3, area 5 -0 -0 Bighas, the Additional District Magistrate (Land Acquisition Officer) NOIDA, Gautam Budh Nagar made a reference to the District Judge under Section 30 of the Act for determining the person/persons to whom the compensation or any part thereof is payable. Notices were issued to the claimants, who appeared in the Court below and filed their written statement/objections.
(3.) IT was alleged by M/s. NSR Farms Pvt. Ltd. that Smt. Sureshwati was Bhumidhar with transferable rights of Khasara No. 554/3, area 5 -0 -0 Bigha and she accepted Rs. 1,80,000/ - as sale consideration and executed a registered sale deed in favour of M/s. NSR Farms Pvt. Ltd. on 2,12.88. The registration took place at the office of Sub -registrar, Dadri. Smt. Nirmala Sethi had given all papers to one Suresh Chandra Sharma, a deed writer, for mutation. He, however, did not apply for mutation in the Court of Tehsildar Dadri. Smt. Nirmala Sethi and her husband went abroad and stayed there. When Smt. Sethi inquired on 28 -9 -99 about mutation, she came to know that the land in question had been acquired for planned development of NOIDA and possession had also been delivered. Smt. Sethi claimed herself to be an absolute owner and in possession. The sale deed in question had not been cancelled by any competent Court.;