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TMI Blog2019 (7) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... of the amount of compensation than what was awarded to them by the Reference Court by its award dated 31.03.2009? - HELD THAT:- Merely because the High Court dismissed the appeals filed by the respondents herein though on merits, yet that by itself would not result in dismissal of the landowners cross objection also. In our view, the cross objection had to be disposed of on its merits notwithstanding the dismissal of the appeals as provided by in Order 41 Rule 22 (4) of the Code by assigning reasons. Even though the High Court dismissed the appeals of the State/NTPC on merits yet it was obligatory on the part of the High Court to have independently examined the issues raised by the landowners (respondents in appeal) before the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent NTPC and, in consequence, rejected the Cross Objection filed by the appellants herein. 3. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point. 4. The appellants herein are the claimants (landowners) whereas the respondent No.1 is the NTPC a Government Company for whom the land in question was acquired for public purpose and respondent Nos. 2 and 3 are the State and the Land Acquisition Collector. 5. The land in question (hereinafter called the the suit land ) belonged to the appellants. The suit land was acquired by the State (respondent No. 3) for the benefit of NTPC (respondent No. 1) for execution of public purpose under the provisions of the Land Acquisition Act, 1894 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the cross objection filed by the appellants. The effect of the dismissal of the appeals and cross objection was upholding of the award passed by the Reference Court (Civil Court). The landowners felt aggrieved by the rejection of their cross objection and they have filed the present appeals by way of special leave in this Court. 10. So, the only question, which arises for consideration in these appeals, is whether the High Court was justified in dismissing the appellants cross objection. Since the respondents herein (State and NTPC) did not file any special leave to appeal in this Court against that part of the order of the High Court, which resulted in dismissal of their appeal, it has attained finality qua the respondents. 11. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medies to question the legality or/and correctness of the award passed by the Reference Court. One remedy was by way of appeal under Section 54 of the Act and the other remedy was to file cross objection under Order 41 Rule 22 of the Code in the appeal filed by the State/NTPC. In this case, the landowners took recourse to second remedy of filing the cross objection under Order 41 Rule 22 of the Code. 17. The High Court having dismissed the appeals filed by the State/NTPC was, therefore, required to examine as to whether any case was made out by the landowners (appellants herein) in their cross objection for enhancement of compensation. 18. We find from the impugned order that the High Court, in para 24, dismissed the cross objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced by the parties on the issue of market value of the acquired land keeping in view the parameters laid down in Section 23 of the Act. 22. In our view, the High Court failed to examine the aforesaid question while dealing with the cross objection of the landowners and wrongly rejected it without assigning any reason as is clear from the order quoted above. Rejection of cross objection without any discussion and reason cannot be countenanced. It is not, therefore, legally sustainable. 23. In view of the foregoing discussion, the appeals succeed and are accordingly allowed. The impugned order insofar as it relates to dismissal of the appellants (landowners) cross objection (Para 24) is set aside. 24. The case is remanded to the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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