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1975 Supreme(All) 87

YASHODANANDAN, M.N.SHUKLA, C.S.P.SINGH, N.D.OJHA, M.P.MEHROTRA
Avdhesh Singh – Appellant
Versus
Bikarma Ahir – Respondent


Advocates:
K.P. Singh and R.N. Singh, for Appellants; L.S. Srivastava, Sankatha Rai, Standing Counsel, for Respondents.

Judgement

YASHODA NANDAN, J. :- Special Appeals Nos. 403 and 621 of 1967 which arose out of the same judgment of a learned Single Judge came up before a Division Bench consisting of two of us. The appeals involved a consideration of the nature, extent of and conditions under which the Compensation Statement signed and sealed by the Compensation Officer in accordance with Section 240-J of U. P. Act 1 of 1951 - hereinafter referred to as the Act - assumes finality. Since there was considerable divergence of opinion on these questions in reported and unreported decisions of this Court, the Bench referred the following questions for answer to a larger Bench :-

"1. Whether the finality of Compensation Statement under Sec. 240-J, U. P. Zamindari Abolition and Land Reforms Act extinguishes the rights and title of the land-holder and the land-holder is debarred from showing in the subsequent proceedings that the land is not held by Adhivasi?

2. Whether the finality of Compensation Statement under Section 240-J is final between land-holder and State only and not between landholder and person claiming Adhivasi rights?

3. Whether the finality amounts to an adjudication o































































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