Document Fragment View
Fragment Information
Showing contexts for: bhumidhar in Union Of India vs Sh. Suraj Bhan on 15 February, 2016Matching Fragments
2. Notices of the case were issued to the IPs as per memorandum sent by the LAC.
3. IP No. 1 and 2 namely Sh. Suraj Bhan and Sh. Bal Kishan have filed joint claim stating that claimants are the bhumidhars in possession of acquired land to the extent of 1/4th share each and the claimants remained in actual, physical and cultivatory possession of acquired land in their own rights as bhumidhars at all reasonable time i.e. at the time of publication of notification U/s 4 and 6 of the Act and also at the time of announcement of award and the possession of acquired land was also taken from the claimants. It was stated that no other person except the claimants are entitled to have the amount of compensation of their share i.e. 1/4th each in the acquired land. Hence, it was prayed that amount of compensation assessed for the acquired land situated in village Narela, Delhi may be ordered to be paid to claimants/ IP No. 1 and 2 to the extent of 1/4th share each to the exclusion of all others in the interest of justice.
4. Claim petition was filed on behalf of IP No. 3 and 4 namely Jeet Ram and Siri Lal respectively stating that present reference has been referred to this Court for apportionment of the compensation amount between rightful claimants assessed for the land in question total measuring 7 bighas 4 biswas situated within the revenue estate of village Narela, Delhi which has been acquired by the Govt. It was averred that claimants IP No. 3 and 4 had got their land separated from the remaining co-bhumidhars/co-sharers by the order of Ld. Revenue Asst. Delhi and thus the claimants are the exclusive owner of land bearing khasra No. 67/11 measuring 2 bighas and 8 biswas situated in the revenue estate of village Narela, Delhi. It was also stated that claimants were in the actual physical, cultivatory possession of land bearing khasra No. 67/11 (2-8) the acquired land as bhumidar at all reasonable times i.e. at the time of publication of notification U/s 4 and 5 of the Act and also at the time of announcement of award and the possession of acquired land was also taken from the claimants. It was also averred that claimant IP No. 4 Sh. Siri Lal has relinquished his total right/share in the land in favour of IP No. 3 Jeet Ram vide order of Naib Tehsildar Head quarters in case No. 54/84-85 dated 01.05.85 and IP No. 3 is the only person entitled to receive the compensation amount of 2 bighas and 8 biswas out of total acquired land i.e. 7 bighas 4 biswas to the exclusion of all other persons. Hence present claim was filed and it was prayed that amount of compensation assessed for the acquired land bearing Khasra No. 67/11 (2-8) situated in the revenue estate of village Narela, Delhi may be ordered to be paid to IP No. 3 to the exclusion of other persons in the interest of justice.
5. IP No. 6 Sh. Meer Singh also filed his claim stating that claimant is bhumidhar in possession of acquired land to the extent of his share at all reasonable time and the claimant remained in actual, physical and cultivatory possession of acquired land in his own right as bhumidhar at all reasonable time i.e. at the time of publication of notification U/s 4 and 6 of the Act and also at the time of announcement of award and the possession of acquired land was also taken from the claimants. It was stated that no other person except the claimant is entitled to have the amount of compensation assessed for the acquired land to the extent of his share. Hence, it was prayed that amount of compensation assessed for the acquired land situated in village Narela, Delhi may be ordered to be paid to claimant/ IP No. 6 to the extent of his share to the exclusion of all others in the interest of justice.
"67. Extinction of the Interest of a Bhumidhar - The interest of a Bhumidhar in his holding or any part thereof shall be extinguished.
(a)....
(b)....
(c)....
(d) when he has been deprived of possession and his right to recover possession is barred by limitation."
....
84. Ejectment of person occupying land without title - (1) A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the law for the time being in force and
(a) Where the land forms part of the holding of a Bhumidar or Asami without the consent of such Bhumidar or Asami or