STATE OF PUNJAB Vs. NIRMALA DEVI

JUDGEMENT

(1.) Land measuring 1.78 acres belonging to Smt. Ganga Devi widow of Shri Gurchaan Singh and acquired by the State Government in 1984 for the purpose of construction of staff quarters. The Land Acquisition Collector directed the payment of compensation at the rate of Rs.6104.50 per acre. In the reference application filed by the land owner under Section- 18 of the Land Acquisition Act, 1894. (hereinafter referred to as 'the Act') the District Judge, Hoshiarpur pasted the award dated 2.12.1987 for payment of compensation at the rate of Rs.790/- per marla. The State of Punjab (hereinafter described as 'the appellant') challenged the said award in Regular First Appeal No.482 of 1988 which was summarily dismissed by the learned Single Judge on 22.4.1988 by one word judgment - "Dismissed". The appellant did not file Letters Patent Appear against that judgment. Instead, it directly filed petition for Special Leave to Appeal which was disposed of by the Supreme Court on 11.3.1991 with the direction that the S.L.P. be transferred to the High Court for hearing being decided on merits by treating it to be a Letters Patent Appeal against, the decision of the learned Single Judge.

(2.) Shri Rupinder Khosla referred to the provisions of Order 41 Rule 11 of the Code of Civil Procedure (for short, 'the CPC') and argued that the impugned judgment should be set aside because it is contrary to law and me principles of natural justice. Shri Khosla further argued that several important questions were raised in the appeal filed by the State and, therefore, the learned Single Judge was not right in dismissing the same in limine without even sending for the record of the lower Court. Shri G.S. Jaswal frankly conceded that the learned Single Judge was not justified in dismissing the appeal by one word judgment but, at the same time, he tried to justify the award of compensation to the respondent at the rate of Rs.790/- per marla by arguing that the Reference Court had given cogent reasons for doing so.

(3.) We have thoughtfully considered the respective submissions and perused the entire record.