PARAMJEET SINGH SURI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application filed on behalf of the appellant under Section 5 of the Limitation Act, 1963 submitting to the effect that the appeal could not be filed by the applicant as he was under a wrong impression that in as much as he had got compensation as per the verdict of this Court in Jamna Vs. Union of India in LA. APPL.784/2005 decided on 08.07.2011, he could not file any further appeal. Submissions were made on behalf of the respondent/ Union of India in relation thereto.

(2.) In the interest of justice, though undoubtedly, there has been a gross delay in seeking redressal against the impugned judgment dated 12.02.2014 of the learned Reference Court of the ADJ-02 (West), THC in LAC No.48/2013, it is considered appropriate to condone the delay in filing the appeal, which is thus condoned.

(3.) The appellant however submits that the learned Reference Court has not taken into consideration the sale deed produced on record by the appellant Ex.PW1/1 to PW1/4 and as per the sale deed, the land in question could easily fetch a rate of Rs.19,20,000/- per acre in the year 1999 and the other sale deeds of village Mundka of the year 2004 also, which would even indicate that the land in question could easily fetch a rate of Rs.51,89,189/- per acre and it was submitted on behalf of the appellant that the said sale deeds were those nearest available to the date of the Section 4 notification and the best piece of evidence available in determination of the market value of the land. The appellant submitted further that the learned trial Court having not considered the sale deed of the adjoining village of Bakkarwala and adjoining village of Mundka had thus committed a serious error in law.