UNION OF INDIA Vs. JHUTTER SINGH

JUDGEMENT

(1.) The respondent has now filed the cross- objections. The appellant has not filed any reply to the cross-objections. It is, therefore, presumed that the respondent has no objection if the cross-objections are taken on record. In any event, though notice regarding filing of the appeal was served on the respondent on 27-9-1976, no notice of the date of hearing of the appeal was served on the respondent till date. Thus, since the notice was not incompliance with the provisions of Order 41 Rule 22 of the Code of Civil Procedure, the time for filing the cross-objections has not yet begun. A similar view was taken by this Court in RFA7ofl977 decided on 1st October 1985 (Union of India v. Pinda) and RFA 31st of 1974 decided on 11th April 1991 Shri Kesho Doss v. Union of India. Let the cross-objections be taken on record. RFA 35/76 & CM 1059191

(2.) The market value for the land in Village Mandoli Fazalpur came up for consideration before this Court in Kesho Dass's case (supra). The land in Kesho Dass's case was acquired vide notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) published on 13-11-1959 In the present case also the notification was issued of the same date. In Kesho Dass's case (supra) the market value of the land in Village Mandoli Fazalpur was fixed at Rs. 8064.00 per bigha.

(3.) In the circumstances, the appeal is without merit and the same is dismissed.