VIRENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present petition, the issue sought to be raised by the petitioner is that he is entitled to receive the compensation on account of acquisition of land by the State for use by National Highways Authority of India. In support of his claim, he has referred to a compromise decree passed in Original Suit No. 844 of 1968 (Narendra Prakash Vs. Prakash Chand), whereby the title of the property was conferred upon the petitioner.

(2.) On the other hand, learned counsel for the respondent no. 5 submitted that subsequent thereto, petitioner filed a suit, being Original Suit No. 658 of 1992 (Prakash Chand @ Prakashi Vs. State of U.P. and others) for declaration claiming himself to be the owner of the property. The same was dismissed by Trial Court on August 14, 1995. The appeal filed by the petitioner, being Civil Appeal No. 207 of 1995, was dismissed on April 17, 1996, whereagainst Second Appeal No. 654 of 2004 is pending before this court.

(3.) The aforesaid facts have been concealed by the petitioner in the present petition.