LAXMI NARAYAN Vs. NAGAR PALIKA SHAMLI

JUDGEMENT

(1.) The petitioner has prayed for a mandamus directing the respondents to pay compensation for the land bearing khasra No. 2362 situate at Budhana Road, Hanuman Tila, Shamli, district Muzaffarnagar having an area 1200 sq. meter.

(2.) In paragraph 3 of the writ petition it is alleged that the petitioners are bhumidhars of ten biswas of land numbering khasra plot No. 2362 of about 1260 sq. meters. In paragraph 4 of the writ petition it is alleged that Nagar Palika, Shamli usurped this land by constructing a public road on it connecting Hanuman Teela with Budhana Road. It is alleged that there was no notification under Sections 4 and 6 of the Land Acquisition Act and without taking recourse to the procedure under the Land Acquisition Act the possession of the aforesaid land was taken by the Nagar Palika, Shamli illegally.

(3.) The petitioner then filed a civil suit No. 683 of 1986 which was decreed on 31.5.1991. True copy of the judgment dated 31.5.1991 is Annexure-1 to the writ petition. No appeal was filed against this judgment. The finding of that judgment is that the plaintiff has proved his title. It is stated in the judgment that the Nagar Palika, Shamli has illegally made construction over the aforesaid land. The learned court which decreed the suit directed that the plaintiff should be given possession over the land in dispute. Despite this clear direction possession was not given to the appellant.