YUKTI CONSTRUCTIONS PVT. LTD. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, moved under Article 226 of the Constitution of India, petitioner has sought the following reliefs:-

(2.) Factual matrix of the case is that vide Notification dated 21.09.1987 issued under Section 4(1) read with sections 17(1) and 17(4) of the Land Acquisition Act, 1894 (hereinafter to be referred as the Act), the respondents proposed to acquire 172.91 acres of land situated at Park Estate, Pargana Pachwadun, Mussoorie, for a public purpose, namely, for the development of tourist activity in district Dehradun. Since the land was alleged to have been urgently required by the respondents/State, the provision of Section 17(1) of the Act was invoked and the inquiry under Section 5-A of the Act was dispensed with. Thereafter, declaration under Section 6 r/w Section 17(1) and (4) of the Act was made on 30.01.1988. On 19.02.1991, respondent no.2 the Special Land Acquisition Officer, Dehradun passed an award.

(3.) The petitioner claims to be owner and recorded tenure holder of the aforesaid land and contends that it has purchased plots bearing Khewat (esrstwhile khasra no.1) khasra nos.1298 to 1331 situated in Village Rikholi, Pargana Pachwadun, Tehsil and District Dehradun, having total area of 187.4890 .hectares equivalent to 491 acres, through various sale deeds, from M/S U.B. Engineers, Arun Dev City Space and four others original proprietors i.e. Dinesh Singh, Harish Kumar Sehgal, Lalit Kumar Sehgal and Bhanu Pratap, all of who collectively and individually were proprietors of and in possession of the total area of 491 acres purchased by the petitioner. Petitioner contends that the villagers/tenure holders of Village Rikholi had executed sale deeds in favour of M/s U.B. Engineers on 06.10.1997 admeasuring 1000 bighas and on 30.12.1997 admeasuring 1000 bighas. It is also stated that in this regard there is a report of the Lekhpal of Village Rikholi dated 09.11.2000 which shows that M/s U.B. Engineers Pvt. Ltd. had purchased the land of Village Rikholi and the possession of the same had been transferred to U.B. Engineers, whereupon an order was passed by the Tehsildar on 09.11.2000 for the mutation of the name of M/s U.B. Engineers in the revenue records. It is also stated that by virtue of registered sale deeds dated 11.01.2007, 25.09.2009, 25.11.2009, 11.01.2010, 05.11.2009 and 06.08.2010 executed by the aforesaid recorded owners, the petitioner became the owner and in possession of the land in dispute.