Issues Raised In Cross Objections Not Considered: Supreme Court Remands Land Acquisition Matter To HC For Fresh Adjudication
The Supreme Court has remanded a matter to the High Court saying that the issues raised by the appellants in their cross objections were not considered by the court.
The two-Judge Bench comprising Justice Krishna Murari and Justice Bela M. Trivedi held, “A bare perusal of the impugned order would show that the issues raised by the appellants in their cross objections have not been considered by the High Court. No mention of the cross objections filed by the appellants herein have been found in the said judgment. While the High Court has given a detailed analysis of all other issues raised in the appeal and the both the lower court orders, however, the cross objections in specific, finds no discussion, much less even a mention.”
The Bench noted that while cross objections, unlike a regular appeal, are filed within an already existing appeal, however, as per Order 41 Rule 22 of the CPC, cross objections have all the trappings of a regular appeal, and therefore, must be considered in full by the court adjudicating upon the same.
Advocates Haraprasad Sahu and Pranaya Kumar Mohapatra appeared for the appellants while Senior Advocate Ravindra Kumar and Advocate Binay Kumar Das appeared for the respondents.
Facts of the Case -
The State Government of Uttar Pradesh had issued a notification under Section 4(1) read with Section 17 of the Land Acquisition Act, 1894 in the year1993 whereby a large tract of land, including the land of the appellants was acquired for the purpose of Greater Noida. The declaration of the said lands under Section 6 of the Act was issued and the possession of the same was taken on different dates between 1993 and 1994. Subsequent to the possession of the said lands being acquired, the Special Land Acquisition Officer determined the market value of the plots at three different rates i.e., Rs. 32.52/-, Rs. 22.44/- and Rs. 16.46/- paisa per square yard.
Aggrieved by the aforesaid award, the appellants sought reference under Section 18 of the Act and claimed compensation at the rate of Rs. 350/- to Rs. 500/- per square yard on grounds of parity to other lands acquired in the vicinity. The District Judge determined the market value of the said lands at Rs. 400/-, but deducted 1/3rd amount for development charge, and fixed the market value at Rs. 267/- per square yard. On an appeal by the Greater Noida, the appellants filed their cross-appeals seeking further enhancement and the High Court confirmed the compensation determined by the District Judge. The appellants aggrieved by the fact that their cross objections were not properly considered, filed a review but the same was dismissed.
The Supreme Court in view of the above facts observed, “In cases where the opposing party files a first appeal against part or whole of the original decree, and the respondent in the said first appeal, due to part or whole of the decree being in their favour, abstains from filing an appeal at the first instance, in such cases, to ensure that the respondent is also given a fair chance to be heard, he is given the right to file his cross objections within the appeal already so instituted by the other party, against not only the contentions raised by the other party, but also against part or whole of the decree passed by the court of first instance.”
The Court said that if the other party in the first instance has preferred an appeal, apart from the remedy of cross-objections, the respondent can also file a cross-appeal within the limitation period so prescribed, challenging part or whole of the original decree and that the respondent also has the right to fully support the original decree passed by the lower court in full.
“… the High Court was under an obligation to consider the cross objections filed by the Appellants herein. Since such an obligation was not discharged while passing the judgment in appeal, we are of the considered opinion that the matter is fit for remand to the High Court for fresh adjudication on the grounds raised in the cross objections during appeal by the appellants herein”, directed the Court.
Accordingly, the Apex Court allowed the appeals to a certain extent.
Cause Title- Dheeraj Singh v. Greater Noida Industrial Development Authority & Ors.
