PUNJAB STATE Vs. USHA RANI

JUDGEMENT

(1.) All these appeals are filed by the State, aggrieved by the compensation awarded for the lands acquired for the purpose of construction of Ranjit Sagar Dam Project vide Notification dated 07.08.1995 under Sec. 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Collector categorized the lands into six categories and awarded compensation, according to the categorization based on the nature and utility of the land.

(2.) The Reference Court, however, granted a uniform rate of Rs. 1,600.00 per marla. Aggrieved, the State pursued the appeals before the High Court. The High Court took up the appeal filed against the award in Usha Rani's case as lead case. That appeal had been filed with a delay of 492 days. The High Court declined to condone the delay, though the Court has referred in detail to the affidavit explaining the delay. Without stopping there, the High Court proceeded further and on merits also it was held that the compensation awarded by the Reference Court @ Rs. 1,600.00 per marla was just, fair and proper. As far as the compensation part is concerned, we find that there is no discussion at all to the basis of the fixation of the compensation by the Reference Court, nor is there any reference to the materials available before the Reference Court for fixation of the compensation. Thus, the appeal by the State in Usha Rani case was dismissed, both on the grounds of limitation and on merits. Hence, the State is in appeal before this Court.

(3.) Heard Mr. V.K. Bali, learned senior counsel appearing for the State and the learned counsel appearing for the claimants/respondents. On going through the detailed affidavit filed by the State for condonation of delay of 492 days, we are of the considered view that the High Court should have appreciated the actual reason for the delay. We do not want to deal with the matter any further. Suffice it to say, that the High Court could have given the liberty to the State to take appropriate action against the erring officers, who apparently have caused delay deliberately.