- (1.) In this first appeal preferred by the Union of India K.P. Bhandari, J. while hearing the same at the preliminary stage ordered on the 21st December, 1989 as follows :- "Notice in C.M. as well as in appeal for 15th January, 1990." This is how the main appeal as well as the application filed under Section 5 of the Limitation Act for condoning the delay has been placed before me.
(2.) The facts giving rise to the filing of the appeal are not in dispute. Land measuring 1230.80 acres situate within the revenue limits of Bhatinda was requisitioned by the appellant for the establishment of Cantonment under Section 29 of the Defence of India Act on 7th October, 1972 under orders of the District Magistrate, Bhatinda. The aforementioned land was later acquired on 20th November, 1975 under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the Act'). Thereafter the competent authority vide its assessment report dated 6th March, 1975 allowed the compensation at the following rates : 1. Area assessed on flat Rs. 16,000/- per acre 2. Nehri/ChahiRs. 14,000/- per acre 3. Chahi Muser Rs. 10,000/- per acre 4. Barani Rs. 9,000/- per acre 5. Gair Mumkin/Banjar Rs. 4,500/- per acre The claimant-respondent being dissatisfied with the aforementioned report claimed reference upon which the Additional District Judge Bhatinda was appointed as Arbitrator under Section 8(i)(b) of the Act. The Arbitrator while following the award given by another Arbitrator in Exhibit A. 1 which was confirmed by this Court, determined the compensation for various categories of land as follows :- 1. For the land situated on either side of National Highway leading from Bhatinda to Barnala upto a depth of 500 metres. Rs. 16.80 per square yard 2. For the land upto the depth of 500 metres from the municipal limits/fencing of the Cantonment or from the boundary of III phase of Urban Estate of Batinda town. Rs. 16/- per square yard 3. For the rest of the acquired land. Rs. 8.50 per square yard. It was clarified by the Arbitrator in the impugned Award under challenge before me that if the land of the claimants falls in the first and second categories then for the part of the area the land would be treated as of 1st category entitling the claimants to the grant of compensation at the rate of Rs. 16.80 per square yard. The claimants were held entitled to the grant of statutory benefits of the amended provisions of the Land Acquisition Act.
(3.) In this appeal Shri H.S. Brar, Senior Standing Counsel for the Union of India cannot possibly advance any meaningful argument particularly when the Additional District Judge has found as a fact that Exh. A.2 - a judgment given by the High Court - is fully applicable to the facts of the instant case. The exact observations of the Additional District Judge can be reproduced with advantage : "Undoubtedly Bhatinda is a fast developing town and it has acquired considerable importance with the establishment of G.N.D.T.P. and the N.F.L. Project. It also cannot be disputed that the disputed land has great potentiality for development into residential and commercial area. Moreover, I have no option but to follow the judgment of our own High Court, copy of which is Ex. A.2 as the same has full applicability. Further, there is nothing to show if the compensation at the rate higher than that contained in this judgment can be allowed." The only argument advanced by the counsel for Union of India-appellant is that this Court on the basis of application filed under Section 5 of the Limitation Act may condone the delay of 190 days in filing the appeal particularly when the application is supported by an affidavit. It has been stated in the application and the affidavit that there is a lengthy procedure for obtaining opinion for filing an appeal and this is how the delays has been caused. After reading the averments made in the application, the delay in filing the appeal is hereby condoned.;