R. F. A No. 3805 of 2006 1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 3805 of 2006 (O&M)
Date of decision : 10.11.2008
State of Punjab ... Appellant
vs
Babu Singh .... Respondent
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 reported that the respondent had died. Learned counsel for
the appellant sought time to take necessary steps in this regard and the case
was adjourned to 29.3.2007. On 29.3.2007, the case was adjourned to
R. F. A No. 3805 of 2006 2
17.8.2007. On 17.8.2007 learned counsel sought time to take necessary
steps for bringing on record the legal representatives of deceased respondent
and the case was 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-respondent, 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-respondent. 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 respondent 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