RAKESH KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr.Rajiv Dutta, learned senior counsel appearing on behalf of the appellants and Mr.Rakesh Uttamchandra Upadhyay, learned counsel appearing on behalf of the respondent No.2 (Agra Development Authority).

(3.) This appeal is directed against the final judgment and order dt.20.10.2005 passed by the High Court of Judicature at Allahabad in Civil Misc.Writ Petition No.15903/2002 whereby the High Court has dismissed the Writ Petition filed by the present appellants/land owners. The appellants were the owners of land of Khasra No.111A and 112B measuring 7-6 Bighas situated at Mauza Lakhanpur Tehsil and District Agra. The respondent No.2 without following the procedure for acquiring the land under the Land Acquisition Act, 1894 took forcible possession of land in question on 31.08.2000. It is not in dispute that respondent No.2 had not resorted to the provisions of Land Acquisition Act, 1894. Being aggrieved by the arbitrary action of respondent No.2, the appellants filed an Original Civil Suit No.358 of 2000 before the learned Civil Judge (Junior Division), Agra for injunction to restrain the respondent No.2 from encroaching and trespassing or taking, in any manner, the possession of the land, by raising any construction of laying road on the land of the appellants. The trial court issued notice to the respondent Nos. 1 and 2. After the service of notice, the Civil Court passed an order of injunction for maintaining the status quo with respect to the land in question and the said order was extended from time to time. Since an interim order was passed, the respondent No.2 gave an undertaking to pay compensation to the appellants for their land of Khasra Plot No.111 at Mauza Lakhanpur Tehsil and District Agra and that the said compensation shall be paid within a period of two months from the date of the said undertaking i.e. 31.08.2000. This undertaking was filed before the Vth Addl.Civil Judge, Junior Division, Agra in Suit No.358 of 2000 which is marked as Annexure P-5 in the SLP paperbook. The Vth Addl.Civil Judge, Junior Division, Agra, on the basis of the above undertaking passed an order on 02.09.2000 disposing of the injunction application on the basis of the undertaking given by the respondent No.2 to pay compensation to the appellants. According to the second respondent, the amount of compensation comes to Rs.17, 84, 974.50 which they have calculated @ 225/- per sq.meter. The said amount, admittedly, as per the undertaking, was not deposited within two months. However, a cheque for the amount of Rs.17, 84, 974.50 dt.14.02.2002 drawn on Union Bank of India, Agra was issued to the appellants. However, the appellants refused to the receive the same since the said amount was not tendered as per the undertaking. While tendering the Cheque dt.14.02.2002, the respondent No.2 called upon the appellants to convey their consent for withdrawal of Suit No.358/2000 and also signifying their consent in writing that they will not prefer any other claim in this regard so that the payment made by the cheque can be given to them. Thereafter, the money was deposited with the Vth Addl.Civil Judge, Junior Division, Agra. The amount deposited is still lying in the said court.