Surya Kant, J. - (1.) The FCI impugns the order dated 30.04.1991 passed by the Additional Director, Consolidation of Holdings, Punjab accepting the application moved by respondent No.2 to provide him path for access to his land subject to the condition that there should not be building already in existence at the path site for which respondent No.2 was required to pay compensation.
(2.) The grievance of the FCI is two-fold. Firstly, it is averred that the land was acquired by the State Government for it in the year 1969 where godowns have been set up but respondent No.2 moved the application belatedly on 15.03.1991 alleging that no path was provided to him. Such a belated application ought not to have been entertained. Secondly, no effective opportunity of hearing was given to FCI who was taken by surprise and the matter was decided on the first date of hearing when a request to grant some time to collect information regarding existence of any path, was made
(3.) Respondent No.2 has filed written statement dated 07.03.1992 in which it is not disputed that the land was acquired for FCI in the year 1969 or that he moved the application on 15.03.1991 which was allowed vide impugned order dated 30.04.1991.;