The unchallenged sale deed and the possessory rights of the respondents entitled them to the entire compensation of the acquired land.

ASHUTOSH KUMAR , J.

1. Both the appeals are being dealt with and disposed of by this common judgment.

2. The appellants have challenged the judgment of the Reference Court dated 20.08.2014 passed in LAC No.159/2011 whereby the compensation with respect to the acquired land, measuring 2 bighas and 16 biswas out of File No./Khata No.621/2/3/2/2/1 min (2-16) in Bahapur Village in favour of respondents Nos.1 to 4 was directed to be distributed amongst them equally along with the accrued interest over the awarded amount. By the aforesaid judgment, the objections and claims of the other interested persons including the appellants were dismissed.

3. A brief background of facts would be necessary before delving into the subject matter of the present appeals.

4. Land measuring 28 bighas was purchased by respondent No.1 (IP No.1) against sale consideration from Prithi Nath in the year 1956 by a registered sale deed dated 24.11.1956. The lands stood recorded and mutated in the name of respondent No.1 on 18.12.1962. Subsequently, respondents Nos.1 to 4 became the recorded owners and by virtue of such title, they staked claims over all kinds of rights under the law in various fora. Out of the aforesaid purchased land, (28 bighas), 25 bighas and 4 biswas were acquired by an award No.2059 for which compensation was received by them whereas the land measuring 2 bighas and 16 biswas remained un-acquired (which is the subject matter of the present appeal).

5. Pursuant to the acquisition proceedings referred to above vide award no. 2059, references under Section 18 of the Land Acquisition Act, 1894 (LAC No.20/1992 titled Chet Ram vs. Union of India filed by the respondents), and under Section 30/31 of the Land Acquisition Act, 1894 (LAC No.120/1984 titled Union of India vs. National Spiritual Assembly and Another) were made. In the aforementioned Land Acquisition case namely LAC No.120/1984, pertaining to 25 bighas and 4 biswas out of the entire area of the land purchased, the Reference Court, vide judgment dated 19.11.1990, directed for payment of compensation to the respondent No.1, Chet Ram Sharma, in view of compromise arrived at between the parties. The Reference Court, on that occasion, held as follows:

“In view of the statements of the parties and in view of the compromise arrived at between the parties which is Ex.X1 on record, it is ordered that IP No.18 Sh.Chet Ram be paid compensation for 25 bighas 4 bishwas of land comprised in khasra nos.621/2/3/2/4 (21-11) and 621/2/3/2/1 (3-13) and IP No.3 to 6 along with IP No.2, 7 to 9 is paid compensation in respect of khasra No.560/1 (73 bighas) as detailed in compromise Ex.X1 Nazir to do the needful.”

6. While such earlier proceedings were going on, respondents No.1 to 4 filed a suit bearing No.645/80 seeking inter alia a declaration that they are co-owners of 28 bighas of land. A bench of this court vide order dated 10.02.1981 directed the respondents No.1 to 4 to be declared as co-sharer in which each would get 1/4th share in the property. Consequently on the basis of the aforesaid judgment, and the compromise between the parties, compensation was paid to respondents Nos.1 to 4 in LAC No.120/1984.

7. After the acquisition of 25 bighas and 4 biswas of land of which the respondent No.1 was the owner, he applied for correction of revenue records of the remaining un-acquired portion of the land i.e. 2 bighas and 16 biswas so that the same may be reflected in the revenue records. By order dated 24.04.1989, the concerned SDM allowed the aforesaid correction in the name of respondent No.1 and demarcation of the land was carried out by the revenue officials. The possession of respondents No.1 to 4 was thereafter also confirmed in the “nishandehi”. The land was mutated in the name of respondents Nos.1 to 4. Thus, for all practical purposes they became the recorded owners in possession of the land concerned.

8. A fresh acquisition proceedings for 8 bighas and 6 biswas of land, including the 2 Bighas