UNION OF INDIA Vs. SAHDEV

JUDGEMENT

(1.) This revision petition has been filed under section 115 of the Code of Civil Procedure, by the Union of India against the order of the Additional District Judge, dated 10th December, 1974, by which he has held the claim of the respondents to be not barred by the sub-section (2) of section 25 of the Land Acquisition Act, I of 1894, (hereinafter referred to as the Act).

(2.) The material facts of the case are that on an award made by the Collector offering compensation, the respondents had asked for enhancement had a reference to be made under section 18 of the Act to the District Court. When the matter came up for trial before the court, an objection was raised by the Union of India that since the respondents before me had failed to specify their claim under section 9 of the Act in spite of notice having been served on them, the claim was barred by section 25(2) of the Act. It appears and is not disputed that after service of a notice under section 9 the respondents did file a claim stating that they be paid the market value of the land. It is significant to notice that they did not mention therein the specific market value in Rupees and this gave rise to the controversy, which led to the framing of the following issue by the court below, viz. :-

(3.) The material provisions of law are contained in section 9 and 25 of the Act, which may, for the sake of convenience be reproduced :