(1.) This is plaintiffs second appeal directed against the dismissal of their suit on the basis of a compromise which has been upheld by both the Courts below.
(2.) The agricultural land owned by plaintiffs-appellants (for brevity, 'the plaintiffs') comprised in Khasra No. 541/3-1 measuring 15 biswas, 565/1 measuring two bighas and 3 biswas, Khewat No. 1531 and Khasra No. 540/2 measuring 8 biswas was acquired by Improvement Trust, Rohtak along with other land for execution of Scheme No. 13. The acquisition of the land and the Scheme was duly notified and sanctioned culminating in the issuance of notification under Section 42 of the Punjab Town Improvement Act, 1922 vide notification dated 28-6-1974 published in Haryana Government Gazette dated 20-8-1974. The plaintiffs claimed that the acquisition of their land for Scheme No. 13 was with a mala fide intention as the Chairman of the Improvement Trust was inimical towards them.
(3.) The case of the defendant-respondents (for brevity, 'the defendants') is that the land was low lying and after acquisition, earth filling had also been done and the land was levelled after spending huge amount. It is also claimed that notices under Sections 36 and 38 of the Punjab Town Improvement Act, 1922 were duly published and served on the plaintiffs and the scheme was finally published in Gazette notification dated 20-8-1974.
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