EX ENGINEER, PHE DIVISION, KATHUA Vs. TARSEEM LAL

JUDGEMENT

(1.) THIS appeal is u/s 52 of the Land Acquisition Act. Land measuring 3 kanals 15 marlas comprising Kh. No. 2237/792 in village Nonath Tehsil Hiranagar was acquired by the State for construction of a Pump Room and Chowkidar quarter by the department of PHE. The Deputy Commissioner (Collector approved the compensation @ Rs. 9,000 per kanal. However, land owner was not satisfied and, therefore, applied for reference u/s 18 of the Land Acquisition Act (for short the Act). The Collector made reference and the reference court vide award dated 27.3.98 enhanced the compensation from Rs. 9000 to Rs. 80,000 per kanal.

(2.) THE appellant challenges the award on the ground that respondent having claimed Rs. 50,000 per kanal in response to notice u/s 9 of the Act, the award could not exceed the amount demanded in view of the bar of section 25 of the Act. It is also challenged on the ground that market rate of the land in inferior cannot be determinative of market rate of Land abutting the main read. Mrs. Seema Shekhar appearing for the appellant argued that the award is illegal because it is violative of section 25 of the Act. It is also bad because the market price of the land in the adjoining village has not been taken into account, to determine the market rate of acquired land. Mr. Bakshi raised a preliminary objection to the maintainability of the appeal on the ground that Executive Engineer was not competent to file the appeal. He next argued that respondent had claimed Rs. 50,000 per kanal subject to certain conditions, and therefore, it cannot be construed as a demand u/s 9. Objection with regard to the maintainability of appeal has to be examined with reference to section 52 of the Act which reads as follows: "Subject to the previsions of law in force for the time being in the State relating to the procedure in civil action applicable to appeals from original decrees, an appeal shall lie to the State High Court from any part of the award of the Court in any proceedings under this Act.

(3.) OBVIOUSLY section makes procedure prescribed in the Code of Civil Procedure applicable to the appeals. Section 26 of the Act however, makes a departure insofar as requirement of preparation of a separate decree is concerned, to the extent that award is itself a decree. So requirement of Or.Ã ¿41 Rule -1 CPC so for as it provides that appeal shall be accompanied by a copy of decree is not attracted to appeal u/s 52 of the Act, but all other requirements of the court are to be satisfied. Or. 27 of the CPC lays down the procedure to be followed in CPC by or against Govt. Rules 1 to 3 of Or.Ã ¿27 being relevant are extracted below: "1. Suits by or against Govt. - In any suit by or against the Govt., the plaint or written statement shall be signed by such person as the Govt. may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Govt. may so appoint and who is acquainted with the facts of the case. 2. Persons authorised to act for Govt. - Persons being ex -officie or otherwise authorised to act for the Govt. In respect of any judicial proceedings shall be deemed to be the recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Govt. 3. Plaints in suits by or against Govt. - In suits by or against the Govt., instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert the words the State of J&K."