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2008 Supreme(Del) 1134

A.K.SIKRI, MANMOHAN SINGH
RAJ SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
For the Appellants:Mr. Rishikesh and Mr. Rajeev Dewan, Advocates.
For the UOI :Mr. Sanjay Poddar, Advocate.
For the Gaon Sabha :Ms. Manpreet Kaur, Advocate.

JUDGMENT

A.K. Sikri, J.-In what proportion the compensation payable on acquisition of land is to be distributed between Bhumidhar/Asami on the one hand and Gaon Sabha, recorded owner of the land, on the other hand, is the question that has arisen for consideration in this appeal. Before we proceed to discuss the prevailing law and decide this question, we would like to take note of the relevant facts.

2. Vide notification dated 27.1.1984 under Section 4 of the Land Acquisition Act (hereinafter referred to the Act) followed by declaration dated 18.9.1984 under Section 6 of the said Act, land measuring 1156 bighas, which included the land, subject matter of this appeal, was acquired. The land in question comprises Khasra No. 64/1 measuring 1 bigha 11 biswas situated in revenue estate of village Sahupur, Delhi, the LAC determined the market value at Rs. 32,355/-.

3. Recorded owner of the land was Gaon Sabha. Before this money could be released to the Gaon Sabha, the two appellants herein raised objections for releasing the said compensation to the Gaon Sabha and sought reference under Section 31 of the Act on the ground that they were the Bhumidars and, therefore, were entitled to 75% s








































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