RAJESH BALIA, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is directed against the judgment passed by the learned Single Judge on 27th January, 1999 rejecting the application under Section 5 of the Limitation Act for condoning the delay in filing the appeal under Section 54 of the Land Acquisition Act, 1894 against the award passed by Civil Judge (Senior Division), Sriganganagar, in Civil Reference No. 155/93 Brijlal, Prabhudayal v. State of Rajasthan and Ors., on 2nd April, 1998. The controversy arose in the following facts and circumstances. By a Notification under Section 4(1) of the Land Acquisition Act, 1894, Govt. of Rajasthan on 29th September, 1989 made known its intention to acquire 5044 Bighas and 15 Biswas of land, which included the land of the respondents, which is situated in Ganganagar District. The land is sought to be acquired for Union of India. Thereafter, declaration under Section 6(4) and direction under Section 17(4) of the Act of 1894 were issued on 27th March, 1990. In pursuance of which the said land was acquired. Amongst the land so acquire the respondents -claimants had 50 Bighas of land situated in Chuck 6 SGM. However, it appears that as a result of reorganisation of chaks said land came to be situated partly in Chak 8 SHPDA and partly in Chak 10 SHPDA.
(3.) LAND Acquisition Officer awarded compensation to the claimants, Brijlal and Prabhu Dayal, persons jointly interested in land, at the rate of Rs. 9,500 per Bigha, by treating the land as Barani (unirrigated) or in other words cultivation depends on rain water only as per the nature of land recorded in the land records as per soil classification. However, the claimants were not satisfied with the award of compensation by treating the land in question as Barani. According to them, land was irrigated one through irrigated work. For such irrigated lands, the Land Acquisition Officer has awarded the compensation by taking the market price at the rate of Rs. 37,500/ - per Bigha. The said respondents, therefore, made an application for submitting reference to the Court under Section 18 of the Land Acquisition Act. Said application was allowed. In the land acquisition reference case State of Rajasthan through Collector, Sriganganagar, the Land Acquisition Officer, Surat, Distt. Sriganganagar and Union of India through Secretary, Govt. of India, New Delhi, were impleaded as parties.;