UNION OF INDIA (UOI) Vs. GH. QADIR

JUDGEMENT

(1.) Learned Counsel for the Appellant submitted that Army entered into the subject land without requisition, subsequently, possession of the Army was treated, as if, the land has been requisitioned.

(2.) The Sub-Divisional Magistrate, i.e., the Requisitioning Authority, by a communication dated April 18, 2004, addressed to the Commanding Officer, requested him to release rent to the tune of Rs. 36,277/- up to 2002 and another sum of Rs. 1,04, 879/-, as cost of fruit bearing trees. The Commanding Officer did not make payment of either of the amounts. As a result, a writ petition came to be filed in the year 2006, registered as OWP No. 262/2006. Despite service of a copy of this writ petition, the Appellant chose not to file any objections to the writ petition.

(3.) Learned Counsel engaged by the Appellant, however, sought disposal of the writ petition at the stage at which the same appeared for consideration on September 11, 2009. The Court, accordingly, disposed of the writ petition by an order dated September 11, 2009, directing the Appellant to pay the said sums. Aggrieved thereby, the present appeal has been filed and in preferring the appeal, a delay of 94 days has been made and as such an application for condonation of delay has been filed.