RASHIDA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) This Appeal, under section 10 of the Letters Patent has been filed against judgement dated 26/9/1979 passed by the learned Single Judge in RFA No. 65/76 whereby the cross objections filed by the appellant(who was respondent in the said RFA) were dismissed as time barred.

(2.) Briefly stated, the facts leading to this appeal are that appellant Smt. Rashida Begum, since deceased now represented by her legal heirs, was the owner of the land comprised in khasra No. l/etc/197 measuring 110.bigha 6 biswa and 1 etc/317/8 measuring 27 bigha 9 biswa situated in the revenue estate of village Nangloi Sayyed. "Notification under section 4 of the Land Acquisition Act for the acquisition of the land was issued on 4/3/1963 and notification under section 6 of the said Act was issued on 20/6/1966. The land was acquired by Award No. 2202 of the Land Acquisition Collector who fixed the market value of the land of the appellant at the rate of Rs. 600.00 per bigha. For the purpose of assessment of compensation the Collector has classified the land into four categories depending on its location and quality. The land near abadi having comparatively higher building potentiality was placed in block A and compensation was assessed at the rate of Rs. 1200.00 per bigha. All level agricultural land was placed in block 8 and was assessed at the rate of Rs. 1100.00 per bigha. Low lying land near Nazafgarh drain was put in block C. The remaining land viz. Bhatta, Banjar and Ghair Mumkin etc. which were decidedly inferior to all other land were put in block D. The compensation payable for the land of block C&D was assessed at the rate of Rs.800 and 600 per bigha respectively. the land of the petitioner was shown as 'Banjar Kadim' in the revenue record so it was assessed at the rate of Rs. 600 per bigha falling in block D. On an application of the owner, the matter was referred to the Court under section 18 of the Land Acquisition Act and the learned Additional District Judge vide his judgement dated 28/11/1975 enhanced/assessed the compensation payable in respect of different types of land as under :- Land falling in block A Land falling in block B Land falling in block C Land falling in block D Rs.5000.00 per bigha. Rs.4750.00 per bigha. Rs. 2750.00 per bigha

(3.) Against the said judgement of the learned Additional District Judge, the Union of India filed RFA No. 65/76 in this Court on 20/2/1976. The said appeal was admitted on 31/3/1976. On 26/4/1976 a notice of appeal as well as CM. No. 164/76 for stay of payment was issued to the respondent in RFA who is the appellant herein. By the said notice the appellant was notified that the stay application will be listed before the Court on 26/5/1976 (actual). On 26/5/1976 Pt. Jai Ram Singh, Advocate appeared on behalf of the appellant. The stay was made absolute. Thereafter, the appeal was listed for hearing for the first time on 12/9/1979. On 25/9/1979 the appellant herein who is respondent in RFA No. 65/76 filed cross objections seeking enhancement of compensation to Rs. 8000.00 per bigha. The Appeal filed by Union of India was dismissed by the learned single Judge vide order dated 25/9/1979. The cross objections filed by the appellant were also dismissed as being time barred vide impugned order dated 26/9/1979. Feeling aggrieved by the order dated 26/9/1979, the appellant has preferred this appeal.