COLLECTOR LAND ACQUISITION Vs. AMAR NATH

JUDGEMENT

(1.) IN File No.5/L.A. Act, District Judge, Udhampur, passed a judgment and decree and enhanced the compensation in favour of the respondent in reference under Section 18 of the Land Acquisition Act on 5th August, 1994. The appeal was filed by the Collector against the judgment and decree of the learned District Judge on 31st October, 1994. Notices went to the respondents and the counsel for respondents on the first date pointed out that this appeal has been filed against a dead person, therefore, was not maintainable.

(2.) THE matter was adjourned and the Collector filed an amended appeal and also an application seeking condonation of delay in filing the amended appeal. The application for condonation and amended appeal was filed on 21st February, 1995, i.e. it was filed about three months after the period of limitation.

(3.) THE amendment sought in the appeal was that in place of Amar Nath, his legal representatives be brought on record. Objections were sought and the same have been filed.