KANPUR DEVELOPMENT AUTHORITY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Ravi Kant, learned senior counsel, assisted by Sri Abhinava Krishna Srivastava, for the petitioner; the learned Standing Counsel for the respondents 1 & 2; Sri Vivek Verma for the respondent No. 3; Sri Akash Chand Maurya for the contesting respondents 4 and 5; and perused the record.

(2.) Brief facts giving rise to this petition are that one Arjun Dev, predecessor in interest of respondents 4 and 5, instituted an Original Suit No. 414 of 1991 against the petitioner-Kanpur Development Authority (in short KDA) for permanent prohibitory injunction to restrain KDA from demolishing the constructions of the plaintiff existing over plot Nos. 1104, 1105, 1107, 1110, 1111, 1112, 1113, 1115, 1106, 1109, 1116 and 1280 (fully described in the plaint) and not to interfere in the possession of the plaintiff. The plaintiff's case was that since the time of his ancestor he was in possession on the basis of zamindari patta of the year 1942 and that the defendant without any right had issued demolition notice. The defendant contested the suit by claiming that the land had been acquired vide award dated 30.11968; that possession was obtained much earlier by Nagar Mahapalika, which was subsequently transferred to KDA and that plaintiff had no right.

(3.) By judgment and decree dated 10.1996, the court of 3rd Additional Civil Judge (Sr. Div.), Kanpur Nagar decreed plaintiff's suit. While deciding the suit it had framed number of issues. Issue No. 2 was in respect of possession and title of the plaintiff whereas Issue No. 5 was as to whether the disputed land was acquired under award dated 30.12.1968. Both the issues were decided in favour of the plaintiff and it was specifically held that the defendant had failed to prove that the disputed land was acquired.