UOI Vs. PRATAP SINGH

JUDGEMENT

(1.) THIS is an appeal under section 54 of the Land Acquisition Act, 1984 for setting aside the judgment dated 30-07-2008 given by the learned Additional District Judge in LAC No. 135/1/2008 whereby while giving enhancement in compensation to the respondents for their land acquired in village Gharoli the Reference Court had awarded interest on the enhanced amount even for the period from the date of dismissal in default of the Reference case till the date of its restoration and the Government is aggrieved only by the grant of interest for that period.

(2.) THE facts which only are relevant for the disposal of this appeal are that at the instance of the respondents land owners, the Land Acquisition Collector had made a reference under Section 18 of the Land Acquisition Act, 1894 since they were not satisfied with the compensation fixed by him in respect of their lands which had been acquired. THE Government contested the reference and after considering the evidence adduced during the trial the learned Reference Court enhanced the market value of the acquired land. THEre is no dispute raised by the government in respect of the market value which had been fixed by the Reference Court. THE grievance of the appellant Union of India is that on one date of hearing there was no appearance on behalf of the respondents claimants before the Reference Court and consequently the reference case was dismissed in default and after many years the respondents claimants had sought restoration of their case and it was finally restored.

(3.) THIS appeal is accordingly dismissed but without any order as to costs.