STATE OF HARYANA Vs. SHANTI PARSHAD AND OTHERS

JUDGEMENT

(1.) THIS order shall dispose of 5 regular second appeals arising out of Civil Suit No. 758 -C of 1981 titled as Kapoori Devi and others Vs. State of Haryana and Civil Suit No. 757 -C of 1981 titled as Shanti Parshad and others Vs. State of Haryana. The challenge in the aforesaid suits was to the acquisition of land owned by the plaintiffs in these suits vide notification dated 30.01.1973 under Section 4 of the Land Acquisition Act (for short 'the Act') followed by the notification dated 24.07.1973 under Section 6 of the Act. The Plaintiff invoked the jurisdiction of the civil Court primarily with the grievance that they were not given any opportunity of hearing to the objections filed by the plaintiffs under Section 5 -A of the Act in pursuance of the notification under Section 4 of the Act.

(2.) THE learned trial Court decreed the suit on 07.03.1983. Aggrieved against the decree, the State filed appeals against both the suits whereas another appeal was filed in a suit filed by Shanti Parshad by the Resident Welfare Association. All the three appeals were dismissed but the learned first Appellate Court modified decrees so as to make the decree subject to the condition of the plaintiffs depositing the compensation amount. The State filed Regular Second Appeal No. 2051 of 1991 arising out of Civil Suit No. 758 -C of 1981 aggrieved against the decree passed by the learned first Appellate Court, whereas the plaintiffs' appeal is RSA No. 1862 of 1991. The Regular Second Appeal No. 2050 of 1991 is preferred by the State arises out of Civil Suit No. 757 -C of 1981, whereas the appeal of the plaintiffs bears RSA No. 1861 of 1991 and that of the Resident Welfare Association bears RSA No. 2065 of 1991.

(3.) AGGRIEVED against the said order of the learned Single Bench, the plaintiffs filed LPA Nos. 334 and 335 of 1977 which were dismissed on 11.10.1979. Still aggrieved, the plaintiffs filed Special Leave Petition No. 852 of 1981 before the Supreme Court, which was dismissed on 16.04.1981. Having remaining unsuccessful in the writ proceedings, the plaintiffs filed the present suit for declaration on 20.08.1981 challenging the acquisition proceedings after serving a two months' notice under Section 80 of the Code of Civil Procedure.