Law: Land Acquisition Act, 1894

Section: 18,23

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,Rr.22,33

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Civil Procedure Code (V of 1908), O. XLI, Rr.22 & 33---Reference to court---Enhancement of compensation---Market value---Proof---Benefit of enhancing compensation to be given to all the land owners of an award---Appellate court, powers of---Cross objection, filing of---Limitation---Condonation of delay---Referee Judge enhanced compensation amount from Rs.350,000/- per kanal to Rs.550,000/- per kanal which was further enhanced by the High Court to the tune of Rs.700,000/- per kanal---Validity---Market value of acquired land to the extent of claim of land owners had not been proved--- Judgment had to be given on the basis of concrete evidence but not on the surmises and conjectures---Compensation determined by the Referee Judge was not reasonable but same was reasonably determined and enhanced by the High Court---Respondent who had not gained knowledge of appeal could prefer cross objection within thirty days after due notice to him---Service was affected upon some of the respondents on 19-11-2011 and they filed cross objection on 22-12-2011---Cross objection had not been filed within time---Nothing had been mentioned in the cross objection with regard to knowledge/service or for condonation of delay---Cross objection could be filed before service of notice if it was otherwise in the knowledge of respondents that appeal had been filed and they had the notice of date of hearing---Appellate court had powers to grant relief to a non-appealing party if a proper case was made out---Benefit of of High Court was liable to be extended to all the land owners notwithstanding the fact that cross objection of some land owners had been rejected on the ground of limitation---Similarly placed litigants deserved to be treated in the like manner when the award was the same and evidence on the basis of which compensation had been enhanced was also not different---Appellate Court had powers for granting relief to a non-appealing party in appeal if a proper case was made out---Impugned passed by the High Court was modified in the terms that appellants whose cross objections were rejected would also be entitled to the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492