Nathi Etc. vs Gaon Sabha Through D.L.M.O. And ...
1991 Latest Caselaw 753 Del

JUDGMENT

D.P. Wadhwa, J.

(1) This appeal arises out of a common judgment of the learned Additional District Judge dated 22 February, 1986. By this judgment the learned Addl. District Judge decided as many as 7 references made to him under Sections 30 and 31 of the Land Acquisition Act, 1894. These references bear Nos. 28/84, 36/84, 245/84, 247/84, 249/84, 257/84 and 36/84. Sher Singh in Lac 257/84, filed an appeal against that judgment, which was listed as Rfa 167/86. By judgment dated May 30, 1991 we allowed the appeal and held that the subject land was not "waste land" within the Explanation to Section 7(1) of the Act. In fact, we had followed our earlier view in Rfa 332/68 wherein we held that the order vesting the land in Gaon Sabha was non-est. It is not necessary for us to set out reasons in this judgment as following the judgment in appeal in Sher Singh's case we allow this appeal. Accordingly, the judgment dated 22 February 1986 of the learned Addl. District Judge is set aside and the appellant shall be entitled to compensation under the Land Acquisition Act 1894. There will be no order as to costs.