UNION OF INDIA Vs. HANS RAJ

JUDGEMENT

(1.) In this first appeal preferred by the Union of India K.P. Bhandari, J. while hearing the same at the preliminary stage ordered on the 21st December, 1989 as follows :-

(2.) The facts giving rise to the filing of the appeal are not in dispute. Land measuring 1230.80 acres situate within the revenue limits of Bhatinda was requisitioned by the appellant for the establishment of Cantonment under Section 29 of the Defence of India Act on 7th October, 1972 under orders of the District Magistrate, Bhatinda. The aforementioned land was later acquired on 20th November, 1975 under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the Act'). Thereafter the competent authority vide its assessment report dated 6th March, 1975 allowed the compensation at the following rates :

(3.) In this appeal Shri H.S. Brar, Senior Standing Counsel for the Union of India cannot possibly advance any meaningful argument particularly when the Additional District Judge has found as a fact that Exh. A.2 - a judgment given by the High Court - is fully applicable to the facts of the instant case. The exact observations of the Additional District Judge can be reproduced with advantage :