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2005 Supreme(P&H) 284

NIRMAL SINGH
Dayalo – Appellant
Versus
Dhano – Respondent


Judgment

Nirmal Singh, J.

1. One of the important questions of law has been mooted in this appeal as to whether the non-proprietors who have been given the grazing rights in the shamlat deh are entitled to share in the compensation for the land which has been acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act").

2. The facts are not disputed. The Chandigarh Administration vide Notification Nos. P-1/83/80 dated 7.4.1980 and P-1/80-87 dated 22.9.1980 issued under Sections 4 & 6 of the Act had acquired 16.66 acres of land in village Dhanas, U.T. Chandigarh. The Collector assessed the value of the land and the same was deposited in favour of respondent Nos. 2 to 38. The appellants i.e. non-proprietors filed the objections before the Additional District Judge, Chandigarh that by virtue of the decree passed on 20.10.1952, the grazing rights have been reserved in their favour, therefore, they were entitled to the apportionment of the compensation i.e. 50-50 share which was received by the respondents No. 2 to 38. The learned Addl. District Judge, Chandigarh after giving an opportunity of hearing to the respondents, dismissed the objections. Aggrieved by whic
































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