GHAZIABAD DEVELOPMENT AUTHORITY Vs. RAJ KUMAR TYAGI

JUDGEMENT

(1.) Heard Sri Amit Manohar, learned counsel for the appellant and Sri Satish Kumar Tyagi, learned counsel for the respondents. The plaintiff-respondent No. 1 filed an Original Suit No. 1947 of 2012 for permanent injunction alongwith an application under Order XXXIX, Rules 1 and 2 read with Section 151, C.P.C. praying that the appellant/defendant be restrained from interfering in the peaceful possession of the plaintiff/respondent No. 1 and also from demolishing his construction. It was further prayed that the land in dispute be not allotted to anyone else.

(2.) The case of the plaintiff/respondent No. 1 was that he was the owner in possession of khasra plot No. 285 (measuring 0.1140 hectares) situated in village Nasirpur, District Ghaziabad. It was stated that only 0.580 Hectare of land was acquired and the remaining land of khasra plot No. 285 measuring 0.560 Hectare (which is equivalent to 4 bigha 9 biswa) on which the plaintiff's abadi was situated was not acquired and as such the action of the appellant/defendant in interfering with the peaceful possession of the plaintiff/respondent No. 1 was totally unwarranted.

(3.) The said suit was contested by the appellant/defendant inter alia on the ground that the total area of plot in dispute was acquired and the possession was handed over to the improvement Trust Ghaziabad (now Ghaziabad Development Authority) on 7.8.1963. In support of its case the appellant/defendant relied upon a notification dated 13.8.1962 issued by the State Government under sub-section (1) of Section 4 of the Land Acquisition Act, 1894.