JUDGEMENT
-
(1.) THIS order will dispose of Civil Misc. applications No. 1044-C I to 1047-C. I of 1989. These applications for condonation of delay under Section 5 of the Limitation Act have been moved on identical grounds.
(2.) THE facts: Land measuring 18104 acres situated in seven different but adjoining revenue estates, viz , Bhojes Matour, Tipra, Naita, Keti, Kotfai, Plasra and Darara, Tehsil Naraingarh, District Ambala, was acquired vide Government, notification No. 544, Agri-VII-68/093, dated l-2-196f, issued under Section 4 of the Land Acquisition Act 1894 (for short, the Act) The land was acquired for public purposes, namely, for Forest Plantation and other Anti-Soil Erosion Measures The Land Acquisition Collector awarded compensation @ Rs 30/- per acre The claimants, dissatisfied by the award of the Land Acquisition Collector, got references made to the Land Acquisition Court. 36 Land Acquisition References were made to the Land Acuqisition Court and those were consolidated with LAC Case No. 1/4 of 1971 (Pakiza Begum v. State of Haryana) and the evidence of all the references was recorded in that deference. (Pakiza Beguni is the mother of the applicant ). The Land Acquisition Court vide his award dated May 33, 1973, enhanced the compensation at the rate of Rs. 10/- per acre in each case Some of the claimants dissatisfied with the compensation awarded by the Land Acquisition Court preferred regular first appeals in this Court. The brothers and mother of the claimant filed R. F. A No. 805 to 8s1 of 1973 and R. F. A No. 277 and 2 '8 of 1975 in this Court, which were decided on April 11, 1980 Smt Pakiza Begum, mother of the applicant died and Civil Misc No. 1086-C-l. of 1976 and 1087-C-l of 1976 were moved by her legal representatives, including the applicant, for bringing them on record These applications were allowed by this Court on December 20, 1976. The compensation payable to the legal heirs of deceased Pakiza Begum was disbursed through Cheque No. 050943, dated 25-7-1981.
(3.) IN these applications the applicant states that he bad been ailing on account of Parkinson's disease and he paid Court-fee to his General Attorney, Shri Kailash Chander. for filing four appeals in this Court The appeals were not filed by the Genera! Attorney. He cancelled the General Power of Attorney granted in favour of Shri Kailash Chander aod appointed his son Subir Ali Khan as his General Attorney The General Attorney, after making enquiries, found that the appeals against the award by the Land Acquisition Court were not filed by the previous General Attorney, Shri Kailash Chatider The son of the applicant, who was appointed as the General Attorney, obtained certified copies of the award in March. 1989. The appeals accompanied by the instant applicants were filed in this Court on May 11, 1989, more than 16 years after the award by the Land Acquisition Court.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.