STATE OF J&K Vs. POONAM JAMWAL

JUDGEMENT

(1.) In the instant application, applicant seeks condonation of delay under Sec. 5 of the Limitation Act, 1995 (Sav. 1938 AD) in filing Civil 1st Appeal against the judgment/order dtd. 31/12/2015 (for brevity 'impugned order') passed by the learned Principal District Judge, Samba ( for brevity 'Reference court') in File No. 09/Civil Reference titled as 'Parladh Singh and another vs. Collector Land Acquisition, Samba read with order dtd. 25/9/2017, in terms whereof application under Order 9 Rule 13 CPC has been rejected.

(2.) The facts those emerge from the perusal of the case are that an award came to be passed by the Reference court on 31/12/2015, against an award passed by the Collector land Acquisition, Samba-applicant herein in an application filed by the respondents herein under Sec. 18 of Land Acquisition Act.

(3.) It is contended in the application that the land of the respondents situated at village Nandani, Tehsil Samba came to be acquired for construction of District Complex and after completing the formalities under Land Acquisition Act a final award came to be passed by the Collector Land Acquisition/Deputy Commissioner, Samba dtd. 17/7/2008 to the tune of Rs.37,13,925.00 adequacy of which came to be disputed by the land owners/respondents resulting into consequent making of an application before the Collector on 28/10/2008 for making a reference to the Court of learned Principal District, Judge Samba in terms of Sec. 18 of the Land Acquisition Act for enhancement of the compensation.