LAWS(ORI)-1988-1-27

LAND ACQUISITION OFFICER Vs. UDAYANATH RATH

Decided On January 14, 1988
LAND ACQUISITION OFFICER Appellant
V/S
Udayanath Rath Respondents

JUDGEMENT

(1.) THIS appeal by the Land Acquisition Officer arising out of a Land Acquisition case filed on 22nd June, 1981 was withdrawn on 30th July, 1984. But before that, the awardee had filed a cross -objection which was admitted on 13th October, 1982. When the cross -objection was taken up for hearing, learned Additional Standing Counsel raised a preliminary objection that on account of the withdrawal of the appeal, the cross -objection became incompetent and was not maintainable.

(2.) MRS . Padhi appearing for the Respondent submitted that the cross -objection once entertained could not be rendered otiose on account of the withdrawal on the appeal. This question need not detain me at all as by the amending Act of 1976, this controversy has been set at rest by amending Rule 22 of Order 41, Code of Civil Procedure, specifically providing in Sub -rule (4) that where the Respondent has filed a memorandum of objection and the original appeal has been withdrawn or dismissed for default, the objection so filed may nevertheless be heard and determined. Therefore, it cannot be doubted that the cross objection as such is maintainable in law and that it has got to be decided.

(3.) WHEREAS the State filed the appeal against the enhancement of the compensation, the awardee filed a cross -objection on 1st Feb., 1982 for raising the valuation of the trees, and as would appear from ground No. 6 of the cross -objection, the total claim made on this account was for Rs. 3,500 with statutory compensation and interest thereon.