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UNIVERSITY OF JAMMU v. ZAMINDARAB SUNGLI

Supreme Court of India | Diary 6763/2021

Status

Order

Decided On

2024-12-09

Bench

HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

UNIVERSITY OF JAMMU

Respondent

ZAMINDARAB SUNGLI

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.14124 OF 2024 (Arising out of SLP(C)No.4607 of 2021)

UNIVERSITY OF JAMMU THROUGH ITS REGISTRAR … APPELLANT

Versus

ZAMINDARAB SUNGLI & ORS. … RESPONDENTS

O R D E R

1. Leave granted.

2. The Reference Court-cum-District Judge, Bhadarwah, passed an

Award dated 22.12.2017, in File No.14/Reference, under Section 18

of the J&K Land Acquisition Act, 1990. The State had acquired the

land measuring 337 kanals 06 marlas for the appellant-University

for establishment of its campus at Sungli, Tehsil Bhadarwah.

3. The University - being beneficiary of the acquisition was

aggrieved by the different rates of compensation for different

parcels of land broadly at the rate of Rs.3,00,000/- (Rupees Three

Lakhs) per kanal and hence it decided to file First Appeal before

the High Court. There was a delay of 61 days in filing the appeal.

The High Court, vide the impugned order dated 02.03.2021, has

declined to condone the delay of 61 days, giving rise to these

proceedings.

4. We have heard learned counsel for the parties and carefully

perused the record.

5. It may be true that the appellant-University has not mentioned

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the specific date when it came to know about the impugned Award

etc. but keeping in view the fact that the delay was of 61 days

only, the High Court ought to have adopted a liberal and pragmatic

approach. It was not ...

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