9911796707
TMI Blog1975 (1) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... claimant), measuring 41 bighas 12 biswas formed Dart of the acquired land. Not satisfied with the award made by the Land Acquisition Collector, the claimant filed an application under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) for reference of the dispute with regard to the compensation to the Court of District Judge, Patiala. That reference was heard and decided by the learned Additional District Judge. Patiala. Both the parties have felt aggrieved and filed the present appeals which are being disposed of together. The learned counsel for the State of Punjab and the Punjabi University has raised a preliminary objection to the maintainability of the appeal filed by the claimant. The claimant in his appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the claimant is not competent. ( 3. ) The learned counsel for the claimant, however, submits that the appeal can be considered as cross-objections to R. F. A. 115 of 1968 filed by the State of Puniab and Puniabi University and reliance is placed on a Full Bench judgment of the Lahore High Court in Labhu Ram v. Ram Partap. AIR 1944 Lah 76 (FB), wherein the following observations occur:-- the third question whether the cross-appeal submitted by Labhu Ram and others can be treated as cross-objections is also not free from conflict of authority. Under Order 41. Rule 22. Civil Procedure Code, cross-objections are entertainable if filed within one month from the date of service on the respondent or his pleader of notice of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it could serve no purpose to restrict the right of a respondent to prefer his cross-objections in the manner suggested. No doubt, they cannot be presented after the expiry of one month from the date of the service of the notice on him or his pleader, but the right to submit his cross-objections, in my view, accrues to a respondent as soon as an order is made issuing notice of the date of hearing of the appeal to him and it is not necessary for him to wait until the service is actually effected on him. It is even open to him to appear in a Court of appeal on the date of hearing and present his objections there and then though not served at all. To Put the restricted interpretation upon this provision of law would create situations which ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Punjab and the Punjabi University. ( 4. ) The following issues were framed by the learned Additional District Judge for determination of the amount of compensation to which the claimant was entitled:-- 1. Whether the market value of the land acquired on 27th March. 1963. was more than what had been awarded by the Land Acquisition Collector and if so. what was that price ? 2. Whether the claimant is entitled to enhanced compensation for the building and tube-well existing on the land acquired, if so how much ? 3. Whether the claimant is entitled to enhanced compensation in respect of the fruit-trees standing in the land acquired and if so, to what extent ? 4. Whether the claimant filed a claim in pursuance to the notice served on him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsation of the land could not exceed ₹ 50,000/ -. We are of the opinion that the learned counsel has misread that provision. Subsection (1) of Section 25 is in the following terms:-- 25 (1 ). When the applicant has made a claim to compensation, pursuant to any notice given under Section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under Section 11. It only means that the total amount that may be awarded by the Court on a reference under Section 18 of the Act shall not exceed the total amount claimed by the claimant under Section 9 of the Act. It may be that the claim consists of various items and it is open to the Court to enhance the compensati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gapattam. 66 Ind APP 104 = (AIR 1939 PC 981. We are. accordingly, of the view that the State's objection to the award of the learned Land Acquisition Judge is unsustainable and its appeal F A. No. 133 of 1965, would fail. The objection is thus repelled. ( 5. ) The claimant had. claimed ₹ 10,000.00 on account of the value of the fruit trees in his application under Section 18 of the Act against which the learned Additional District Judge allowed ₹ 3,498. 20. It is worthy of note that in his claim before the Land Acquisition Collector under Section 9 of the Act. The claimant had claimed only ₹ 2,000.00 as the price of the fruit trees. The learned Additional District Judge based this value on the report of a fruit sp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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