LAWS(UTN)-2009-12-36

MITHILESH VERMA Vs. STATE OF UTTARAKHAND

Decided On December 01, 2009
Mithilesh Verma Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS appeal has been filed for setting aside the order dated 8.9.2009 passed by the District Judge, Haridwar, in Miscellaneous Case No. 533 of 2007 and to allow the application under Order 9, Rule 9 C.P.C. and further to set aside the judgment and order dated 26.7.2007 passed by the District Judge Haridwar in Land Acquisition Case No. 19 of 2006 Smt. Mithilesh Verma Vs. State of Uttarakhand and two others. It has also been prayed that the Land Acquisition Case No. 19 of 2006 be heard on merits in accordance with law.

(3.) RELEVANT facts giving rise to the present appeal in brief are that the appellant filed objection against the award dated 28.12.2005 passed by the Special Land Acquisition Officer Haridwar before the Collector. Ultimately, a reference was made to the civil court, i.e. District Judge Haridwar, under Section 18 of the Land Acquisition Act.