State of Haryana vs Khalsa High School, Ambala City

Gokal Chand Mital, J.—Counsel for the parties are agreed that this appeal is on all fours covered by earlier decision of this Court in R.F.A No. 1649 of 1979 decided on 16th May, 1985, so far as the fixation of market value is concerned. Hearing of this appeal was adjourned because the claimant wanted to file cross-objections as still had time to do so.

However, the counsel for the State has argued that the cross-objections filed by the claimant are time barred because the cross-objector had been served in the State appeal way-back in 1980, and, therefore, it is not entitled to any fresh limitation for filing the cross-objections. On the other side it has been argued by the counsel for the claimant-cross-objector that actual date notice of the appeal was served in the third week of April, 1985, and therefore, the cross-objections are well in time. It is argued that when actual date notice are issued and served, the date of service of actual date notice gives the starting point of limitation for filling cross-objections. Reliance is placed on Punjab University Chandigarh v. Dr. A. K. Kapoor (1981) 83 P.L.R. 203. The aforesaid judgment clearly supports the stand of the claimant. Accordingly cross-objections are held to be in time.

Civil Misc. No 568-CI of 1985 has been filed by the claimant u/s 148 and 149 of the CPC for permission to file cross-objections on payment of court-fee of Rs. 10/- and in the alternative it is prayed that time may be granted for making up the deficiency. As already noticed, the matter is covered by the earlier decision and the market price is to be enhanced and is to be fixed at the rate of Rs. 13.50 per square yard. On the peculiar facts of this case it would be just and equitable to grant the first prayer made in the application. The counsel for the cross-objector was ready with the money for paying the entire court fee but in that situation I would have allowed the cross-objections with costs. Therefore, it would be better to permit the cross-objector to file cross-objections or payment of Rs. 10/- and for ordering the parties to bear their own costs. Accordingly the application is allowed and the cross-objector is allowed to file cross-objections on payment of court fee of Rs. 10/-which has already beer paid.

In view of the earlier decision this appeal is covered on all fours and the market value of the acquired land is fixed at the rate of Rs. 13.50 per square yard. Accordingly while the State appeal is dismissed, the cross- objections are allowed and it is ordered that the cross-objector would entitled to market value of the land at the rate of Rs.13.50 per square yard. The cross-objector would also be entitled to an amount to be calculated at the rate of 12 per cent per annum in accordance with the provisions of section 23(1-A) of the Land Acquisition Act, 1894. Besides the above, be would be entitled to 30 per cent solatium on the market price as allowed above, as provided by the Amendment Act of 1984. On the market price allowed above plus 30 per cent solatium, the claimants would be entitled to interest at the rate of 9 per cent per annum from the date of taking of possession till the expiry of one year thereafter, and for the period subsequent to one year, at the rate of 15 per cent per annum till payment. The parties are left to bear their own costs.