Punjab-Haryana High Court
State Of Punjab vs Bant Singh And Others on 10 November, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A No. 3808 of 2006 1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 3808 of 2006 (O&M)
Date of decision : 10.11.2008
State of Punjab ... Appellant
vs
Bant Singh and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. V. Sharma, Senior Advocate with
Mr. Harit Sharma, Advocate, for the appellant.
Rajesh Bindal J.
The State has approached this court through the present appeal for reduction in the compensation.
Briefly, the facts are that vide notification dated 31.12.1993, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Punjab, acquired 61 kanals 7 marlas of land in Village Balongi, for public purpose namely for construction of road in the area of Tehsil Mohali, District Ropar. The Land Acquisition Collector vide award dated 16.8.1996 assessed the value of the acquired land at Rs. 5,46,238/- per acre upto depth of 2 acres, Rs. 4,36,000/- per acre beyond 2 acres and Rs. 2,35,000/- per acre for nadi land. Dissatisfied with the award of the Land Acquisition Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 20.1.2006, determined the market value of the acquired land at Rs. 7,80,000/- per acre upto depth of 2 acres, Rs. 6,24,000/- per acre beyond 2 acres and Rs. 3,90,000/- per acre for nadi land.
The appeal was filed on 5.8.2006 along with an application for condonation of 105 days delay in filing the appeal. Notice in the application was issued on 16.10.2006 for 17.11.2006. As per report of service for the date fixed, it was found that respondent nos. 1 and 5 had died and the remaining respondents were not served. The case was adjourned to 29.3.2007 to enable the counsel for the applicant/appellant to take necessary R. F. A No. 3808 of 2006 2 steps for service of respondents. On 29.3.2007, the case was adjourned to 17.8.2007. On 17.8.2007, the case was again adjourned to 7.12.2007. On 7.12.2007, learned counsel sought further time to comply with the order dated 17.8.2007 and the case was adjourned to 21.4.2008. Thereafter the case was adjourned to 28.7.2008.
On 28.7.2008, this court considering repeated requests of learned counsel for the appellant, seeking time to bring on record the legal representatives of the deceased-respondents, passed the following order:-
"Counsel seeks two weeks time to do the needful and to move an application for bringing on record the L.Rs. of the deceased-respondents. In case this application is not filed within two weeks, the necessary consequences thereof would be considered.
Adjourned to 11.8.2008."
Thereafter again on 11.8.2008 as a matter of indulgence the case was adjourned to 26.9.2008. On 26.9.2008, the case was adjourned for today. Even till date nothing has been done to bring legal representatives of deceased respondents on record.
Keeping in view the aforesaid conduct of the applicant/ appellant, it is evident that the applicant/appellant is not interested in pursuing the appeal. Accordingly, the appeal is dismissed for non- prosecution.
10.11.2008 ( Rajesh Bindal) vs. Judge