ABDUL GAFUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is directed against the order, dated 29th March, 2007, passed by the High Court of Uttarakhand in Writ Petition Misc. No. 272 of 2007 whereby the two suits filed by the appellants for perpetual injunction have been dismissed in limine.

(3.) Facts necessary for the disposal of this appeal are as follows : On 2/28th March, 2005, a gazette Notification was issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') for acquiring 0.6900 Hec. of land belonging to one Tek Chand, respondent No. 4 herein, for construction of approach road for Himalayan Institute Hospital Trust, Dehradun, respondent No. 3 (hereinafter referred to as "the Hospital"). Tek Chand objected to the said acquisition. In the meanwhile, on 25th May, 2005, he alienated a part of the said land in favour of appellant Nos. 1 and 2 by way of gift deeds. Gazette notification under Section 6 of the Act was published on 16th June, 2005.