UNION OF INDIA & ANR. V. M/S. K.C. SHARMA AND CO. & ORS.

By-Ishita Pancholi

JUDGEMENT DATE: 14/08/2020

JUDGES: R. Subhash Reddy, J.

Facts & Issues

The land admeasuring 36 bighas 11 Biswas had a place with Gaon Sabha Luhar Heri, Delhi. The enormous degree of land in the village, including the previously mentioned land, was obtained by the Government by starting procedures under the Land Acquisition Act, 1894.

The notification under Section 4(1) of the Act was given and declaration under Section 6 of the Act came to be distributed. Bypassing the Award on ownership of the land was taken by the Government.

In the mentioned reference procedures, favored under Sections 30 and 31 of the Act, it was the case of the respondents that as the land was not good for development, it was allowed on rent to the respondents to evacuate the “shora” and to make the land fit for development.

It is their case that considering the rent conceded by the Gaon Sabha, they have spent gigantic sum for the evacuation of “shora” and made the land fit for development, and proceeded under lock and key by developing the equivalent for over 30 years.

In the previously mentioned procedures alluded under Sections 30 and 31 of the Act, the Civil Court has passed the judgment and pronouncement on 28.09.1989, announcing that the respondents-petitioners are qualified for pay for the degree of 87% and staying 13% is to be paid to the panchayat/Gaon Sabha.

As it is obvious from the proof that the respondents were placed under possession that they preceded under possession by developing the land the said decisions would not deliver any help with help of the instance of the appellants.

Then again on account of Maneklal Mansukhbhai depended on by learned senior guidance for the respondents it is obviously held by this Court guard under Section 53A of the Transfer of Property Act, 1882 is accessible to an individual who has an understanding of rent in support of himself however no rent has been executed and enlisted.

A comparable recommendation is additionally affirmed in the judgment of this Court on account of Hamzabi wherein this Court has held that Section 53A of the Transfer of Property Act, 1882 secures the ownership of people who have followed up on an agreement of offer yet in whose favor no legal deal deed is executed or enlisted.

As unmistakably respondents were placed under lock and key and the Panchayat has followed up on their proposition for the award of rent said case law of the respondents.

Judgement

The Apex court held that we don’t discover any merits in these appeals to meddle with the decried judgment. In like manner, these civil appeals are dismissed with no structure as to costs.

Case Notes

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