PRESIDENT SAINIK CO-OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. DEPUTY COLLECTOR L A LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD the learned Counsel on behalf of the appellant and respondent No. 1.

(2.) THIS appeal is directed against the Judgment and Award of the learned reference Court dated 17. 7. 2004, by which the appellant's claim to recover compensation as well as for enhancement of the same has been rejected.

(3.) THERE is no dispute that the acquired land was purchased by the appellant from respondent No. 3 by Sale Deed dated 2. 2. 1966 and one of the clauses of the sale deed it stipulated that in case the land sold was not put to use, the same would be reverted to the Communidade and, in fact, it appears that orders of reversal came to be passed on 25. 1. 1979 and again on 19. 3. 1982. There is no dispute that what was acquired by virtue of the Notification under Section 4 of the Land Acquisition Act, 1894 dated 12. 11. 1982 is that part of the land which was reverted by virtue of the first order of reversal. The learned trial Court by the impugned Judgment and Award has come to the conclusion that the appellant had not challenged the order of reversal, reverting 31,250 sq. metres of the land. At this stage, it may be noted that after the said reversion, alternate land of 20,000 sq. metres was proposed to be given to the appellant. But, the said proposal of was diligently pursued by either of the parties and the said proposal, thereafter, remained pending. The learned reference Court has also come to the conclusion that the appellant had failed to prove that they were entitled for enhancement.