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1997 Supreme(SC) 229

A.K.SARKAR, K.RAMASWAMY, K.C.DAS GUPTA, S.SAGHIR AHMAD, S.K.DAS, P.B.GAJENDRAGADKAR, N.RAJAGOPALA AYYANGAR, K.N.WANCHOO, J.C.SHAH, B.P.SINHA, M.HIDAYATULLAH
Union Of India – Appellant
Versus
Sher Singh – Respondent


ORDER

This appeal, by special leave, arises from the judgment of the Division Bench of the High Court of Delhi, made on May 30, 1991 in R.F.A. No. 167/86.

2. The admitted facts are that notification under Section 4(1) of the Land Acquisition Act, 1864 was published acquiring certain lands for public purpose. Therein rival claims came to be made by Gaon Sabha, Tekhand and the respondents claiming title to the compensation. Since the Land Acquisition Officer/Collector was unable to decide the title to receive the compensation on reference under Section 30 of the Act, the District Court by award and decree dated February 22, 1986 held that the land in question stood vested in the Gaon Sabha under Section 7 read with Section 154 of the Delhi Land Reforms Act (for short, the Act ). Therefore, it is entitled to the compensation of the land acquired by the Union of India. Dissatisfied therewith, the respondents filed the above appeal. The High Court in the impugned judgment has held that "Gair Mumkin Pahar" is a cultivable land and, therefore, by operation of explanation to Section 7, it stands excluded from the vesting in the Gaon Sabha. Resultantly, the respondents being the owners of th















































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