R.L.ANAND, J. - (1.) THIS is a regular first appeal and has been directed against the judgment dated 29.7.1998 passed by the Addl. District Judge, Ambala, who dismissed the application under Section 18 of the Land Acquisition Act by holding as follows :- "4. The petitioners failed to adduce any evidence to prove the issue No. 1 in their favour. On 29.7.1998 neither the petitioners nor any witness nor their counsel appeared on behalf of the petitioners and their evidence was ordered to be closed. There is no material on the file to determine the market value of the land in question. However, in accordance with the provisions of Section 25 of the land Acquisition Act, the amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under Section 11 of the Land Acquisition Act. Consequently, it is held that the amount of compensation awarded by the Collector is just and adequate and no case for enhancement of compensation is made out. The parties are left to bear their own costs. The references are disposed of accordingly. Counsel's fee is assessed as Rs. 500/- in each case. Memo of costs be prepared and file be consigned to record room."
(2.) SOME facts can be noticed in the following manner :- Appellant Jagir Singh and others filed a petition under Section 18 of the Land Acquisition Act for the enhancement of compensation against the order of the Collector. Three land references were referred to the Court under Section 18 of the Act and all were consolidated vide order dated 28.2.1997 and it was also ordered that the evidence will be recorded in case titled Jagir Singh v. State. Following issues were framed by the Addl. District Judge, Ambala on 28.2.1997 :- "1. What was the market value of the acquired land at the time of notification under section 4 of the Land Acquisition Act, 1894 ? OPP 2. Whether the petition is not maintainable as alleged ? OPR 3. Relief."
(3.) IT appears from the record that this case was fixed for the evidence of appellant/petitioners on 29.7.1998. Of course, on that date neither the petitioners nor any witness was present, resultantly their evidence was closed by order and the award of the Collector was approved.;