PUNJAB STATE Vs. CHAMAN LAL

JUDGEMENT

(1.) The State Government acquired 177 Bighas of Land Bhatinda for the construction of a marshalling yard of Guru Nanak Thanmal Plant at Bhatinda by the Punjab State Electricity Board. The requisite notification under Section 4 of the Land Acquisition Act (for short, the act) was published on September 21, 1971.The Land Acquisition Collector after hearing the claimants determined the market price of the acquired land at the following rates: Nehri Rs. 1400/- per bigha Barani Rs. 800/- per bigha Chaman Lal one of the claimants (now respondent) was not satisfied with the adequacy of compensation awarded and sought a reference under Section 18 of the Act; as a result thereof the said Court enhanced the rate of compensation to the following extents:- Nehri Rs. 10,000/- Per acre Barani Rs. 6,000/- Per acre

(2.) The State has made a grouse of this enhancement and thus this appeal.

(3.) At the time of the hearing of the appeal, leaned counsel for the respondents raised a preliminary objection about the tenability of the same on the ground that though the heading of the appeal reads "Punjab State through the Land Acquisition Collector," yet it is only the Collector who has filed this appeal and it is he alone who has singed or executed the power of attorney in favour of Gian Chand Gupta, Advocate, who actually filed and presented this appeal Learned counsel asserted that the State Government could only file an appeal through one of its government pleaders, i. e. the Advocate General or any of his Assistants.