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of <h1>Court Orders Additional Compensation for Sole Heir in Land Acquisition Case</h1> <h3>Special Land Acquisition Officer (1) Bombay and Bombay Suburban District Versus Natverlal Jamnadas Muni</h3> Special Land Acquisition Officer (1) Bombay and Bombay Suburban District Versus Natverlal Jamnadas Muni - AIR 1968 Bom 31 Issues Involved:1. Entitlement to compensation under the Land Acquisition Act.2. Validity of the Reference under Sections 18 and 31(2) of the Land Acquisition Act.3. Applicability of the Indian Succession Act provisions.4. Determination of the rightful claimant to the compensation.5. Payment and apportionment of additional compensation.Detailed Analysis:1. Entitlement to Compensation under the Land Acquisition Act:The case involves an immovable property situated at Khetwadi, Bombay, owned by Jamnadas Vanmalidas Muni. Notifications under Sections 4 and 6 of the Land Acquisition Act were issued, and Jamnadas was served notices under Sections 9 and 10. Jamnadas died intestate before the award was made, leaving his son Natverlal as the sole heir. The compensation was initially awarded to Jamnadas, and upon his death, Natverlal claimed entitlement to the compensation.2. Validity of the Reference under Sections 18 and 31(2) of the Land Acquisition Act:The Reference was made under Sections 18 and 31(2) due to the inability of Natverlal to produce the requisite heirship certificate. The court examined the general scheme under the Land Acquisition Act, noting that the Collector must determine the persons entitled to compensation. Section 31(2) applies when there is a dispute regarding the title to receive compensation or its apportionment. The court concluded that Natverlal, as a 'person interested,' validly requested a Reference under Section 18, and the compensation was correctly deposited in the court under Section 31(2).3. Applicability of the Indian Succession Act Provisions:The court considered Section 212 of the Indian Succession Act, which states that no right to any part of the property of a person who has died intestate can be established without letters of administration, except in the case of Hindus. As Jamnadas was a Hindu, Natverlal did not need such representation. Section 214, which requires representation for claiming debts, was deemed inapplicable as the compensation was not considered a debt but a right to the property itself.4. Determination of the Rightful Claimant to the Compensation:The court recognized Natverlal as the rightful claimant to the compensation, as he inherited the property immediately upon Jamnadas' death. The award, being an administrative act, did not alter Natverlal's entitlement. The court emphasized that Natverlal's claim was to the immovable property itself, not merely the compensation, making Section 212 relevant and not Section 214.5. Payment and Apportionment of Additional Compensation:The parties agreed that the S.L.A.O. should pay an additional compensation of Rs. 7,384, inclusive of the 15 percent solatium, with interest at 4 percent per annum from January 12, 1960. The court ordered the S.L.A.O. to make this payment by March 1, 1966, and allowed Natverlal to withdraw the deposited amount.Conclusion:The court held that Natverlal is entitled to receive the compensation for the acquired property, recognizing his inheritance rights as the sole heir of Jamnadas. The Reference was validly made, and the compensation was correctly deposited in the court. The S.L.A.O. was ordered to pay the additional compensation with interest, and there was no order as to costs. The Reference was answered accordingly.
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