FAROOQ HASAN,J. - (1.) THE aforesaid two appeals are directed against the common judgment dated 5 -11 -1985 passed by the Civil Judge, Jaipur District Jaipur (trial court) and the same are filed under Section 54 of the Rajasthan Land Acquisition Act, 1953, (here in after for brevity, 'the Act'). Both these appeals are disposed of by one and single judgment as they are almost identical to each other.
(2.) BRIEFLY stated the facts of the case are that the State of Rajasthan issued a notice under Section 4 of the Act on April 30, 1964 for acquisition of the lands for educational institutions. The declaration under Section 6 of the Act was made and the same had been published in the Rajasthan Patrika of August 6, 1964; in that declaration, the lands bearing Khasra No. 61 having its area as 43 bighas 15 biswas, Khasra No. 65 having its area as 64 bighas total area of which is 107 bighas and 15 biswas, situated in village Jhalana Doongar, Tehsil Sanganer, Distt. Jaipur have also been included and the same have been claimed to be land of Late Dwarka Das Kotewala; and similarly the following lands which are claimed by the appellant -T.N. Sawhney as its Khatedar were mentioned in the declaration: Out of Khasra No. 22 - 15 Bighas, 1 Biswa; and Khasra No. 68 - 112 Bighas and 13 Biswas. The aforesaid lands were acquired by the State Government under the provisions of the Act in the year 1964 and the possession of which had been taken by the Government from the appellants in both these appeals, on April 23, 1965..
(3.) THE Land Acquisition Officer awarded compensation for acquisition of the land to the various concerned persons vide his Award dated September 24, 1965 @Rs. 350/ - per bigha. So far as the claim of Late Dwarka Das Kotewala and T.N. Sawhney (appellants) is concerned, no compensation was granted to them on the ground that the land claimed by them had been recorded in the Revenue records as Siwai Chak and as such, they were not held to be entitled to any compensation, what so ever.;