- (1.) The Appellant was an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953. She had filed under Section 15A of the said Act an objection to the Compensation Assessment Roll in respect of Sukhani mouza. P.S. Rajgunj, district Jalpaiguri, published by the Compensation Officer, Jalpaiguri. The same was registered as Objection Case No. 46 of 1967.
(2.) The Appellant in her said objection stated that the plots Nos. 726, 732. 724/1204, 727 and 729/1207 were her non-agricultural and bastu lands, but erroneously they were not recorded in her name. She prayed that these plots should be recorded in her name by correcting the khatians. Secondly, no compensation had been awarded in respect of plots Nos. 329, 961, 979, 980, 306, 348 and 354. Thirdly, plots Nos. 396, 511, 326, 388 and 980 had not been mentioned in the Compensation Roll and no compensation had been awarded. She prayed that the record-of-rights be corrected and compensation for the aforesaid plots be awarded to her.
(3.) The Compensation Officer, Jalpaiguri, by his order dated June 6, 1967, disallowed the Appellant's said objection petition, The Compensation Officer held that the objector had been allowed to retain up to the ceiling her khas lands. The Compensation Officer further observed that the plots Nos. 329, 961, 979, 980, 306, 348 and 351 were recorded in the Appellant's khatian No. 1237, mouza Sukhani, but the names of third parties had been entered in col. 23 of the records as in adverse possession of these plots. Hence, she did not actually derive any income from these lands in the year previous to the vesting and therefore, she was not entitled to receive compensation for them.;