1982 (11) TMI 179

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....ng that the land was agricultural land. The measure of compensation determined by him was as under : (i) cultivated land at the rate of ₹ 190/- per biswa pukhta; (ii) Banjar jadid and banjar qadim at the rate of ₹ 152/- per biswa pukhta; and (iii) Ghair mumkin land at the rate of ₹ 100/- per biswa pukhta. Various claimants who were covered by the Award sought reference under Section 18 of the Act. The learned District Judge enhanced the compensation in respect of some plantation land but otherwise affirmed the Award of the Land Acquisition Collector. The present appellant filed R.F.A. No. 667 of 1973 in the High Court of Punjab & Haryana at Chandigarh. The High Court proceeded to ascertain and evaluate the market price of ....

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....ged that for the land acquired for development of Sector 13 of Faridabad Complex situated in Ballabhgarh Faridabad Controlled Area compensation was awarded by the High Court at the rate of ₹ 10/- per square yard on the footing that the land had the potentiality of building site. After reciting the aforementioned averments, the appellant had stated that the land involved in dispute and acquired for development of Sector 14 is situated in the Ballabhgarh Faridabad Controlled Area and must be held to have the same potentiality and, therefore, the compensation ought to be awarded on the footing that it has the potentiality of a building site. The appellant accordingly sought amendment of the Memorandum of Appeal for change of ascertainmen....

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....sation for land acquired under the Act is the market value of the land on the date of the notification under Section 4. The determination of this question depends upon the nature and potentiality of the land. It is the real question in controversy between the parties. To effectively and finally adjudicate this controversy necessary pleadings ought to be available. To highlight this real controversy it may become necessary to amend the pleadings. When an appeal is preferred the memorandum of appeal has the same position like the plaint in a suit because plaintiff is held to the case pleaded in the plaint. In the case of memorandum of appeal same situation obtains in view of Order XLI, Rule 3. The appellant is confined to and also would be he....

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....gs an entirely new or inconsistent cause of action, amounting virtually to the substitution of a new plaint or a new cause of action in place of what was originally there, was rejected by the High Court and the plaintiff's revision petition to the High Court did not meet with success. This Court granted the application for amendment simultaneously observing that even though this Court would not ordinarily interfere with interlocutory orders, the Court felt compelled in order to promote uniform standards and views on questions basic for a sound administration of justice and in order to prevent very obvious failures of justice, to interfere even in such a matter in a very exceptional case such as the one that was before the Court. 7. The....