VARUN KUMAR Vs. ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) The petitioners have sought the quashing of the order dated 29th August, 2009 passed by the Additional District Judge, Court No. 8, Meerut in Land Acquisition Reference No. 649 of 1997 by which the application filed by the petitioners for deciding the Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') in terms of the compromise between the parties was rejected. The petitioners have also sought a direction that the Reference Court may forthwith verify the Compromise (Paper No. 57-A) between the petitioners and the Meerut Development Authority (hereinafter referred to as the'Development Authority').

(2.) The petitioners claim to be recorded tenure holders having half share in Plot Nos. 1212,1218,1219,1220,1222,1223,1224,1225 and 1234 situated in Village-Kashi, Pargana, Tehsil and District-Meerut. The said plots were acquired under the provisions of the Act for the Development Authority and an award was made under Section 11 of the Act on 22nd February, 1990. The petitioners were not satisfied with the market value offered under the said award and, therefore, submitted an application before the Special Land Acquisition Officer in respect of their half share for referring the matter to the Court under Section T8 of the Act. According to the petitioners, this application was received in the office of the Special Land Acquisition Officer on 30th March, 1990.

(3.) Another application dated 2nd April, 1990 was filed by petitioner No. 2-Ashutosh Jindal claiming himself to be a person "interested" on the basis of registered agreement for sale dated 8th August, 1989 before the Special Land Acquisition Officer in respect of the remaining half share belonging to their cousins Pradeep Kumar and Awadhesh Kumar for referring the matter to the Court under Section 18 of the Act. This reference application was filed on 2nd April, 1990 and was numbered as Reference Case No. 6 of 2007. However, a settlement took place between petitioner No. 2 and Pradeep Kumar and Awadhesh Kumar and petitioner No. 2-Ashutosh Jindal agreed to withdraw the said reference application.