OM PARKASH BHARGAVA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Appellant/plaintiff is aggrieved of judgment and decree dated 29.10.2009 passed by the learned Additional District Judge, Faridabad whereby judgment and decree dated 28.05.2008 passed by the learned Civil Judge (Junior Division), Faridabad, has been reversed.

(2.) Brief facts necessary for the adjudication of the case are that, the appellant/plaintiff filed a suit for possession of a part of the land comprised in Rectangle No.90, Khasra No.102/1 measuring 2 Kanals 5 Marlas, situated within the revenue estate of Faridabad (now Sector 19, Faridabad) while pleading that he is the owner of the said land in terms of the judgment and decree dated 20.08.1998 passed by the learned Additional District Judge, Faridabad. It is further pleaded that Khasra No.102 which was originally measuring 4 Kanals 13 Marlas was bifurcated into two Khasra Nos.102/1 (2-5) and 102/2 (2-8). At the time of acquisition of land by the Land Acquisition Collector, Faridabad for Sector 19, Faridabad, Khasra No.102/2 (2-8) was stated to be acquired for development of plots and Khasra No.102/1 (2-5) left unacquired due to the existence of factory premises, cold storage, offices and servant quarters of the plaintiff. Khasra No.102/1 (2-5) is claimed to have remained in possession of the plaintiff being its owner. Despite the injunction order passed by the court of competent jurisdiction, defendant No.1 - Haryana Urban Development Authority (for short, 'HUDA') without any right, title or interest, is pleaded to have allotted plots No.872, 874, 876, 878 and 882 in the said Khasra number, (total measuring 820 sq yards), to various allottees without permission and consent of the plaintiff. It is pleaded that the plaintiff was dispossessed of the area of 820 sq. yards by the defendants illegally and unauthorisedly, though he was still in possession of the remaining area of Khasra No.102/1 measuring 500 sq. yards i.e., plots No.879, 880 and 881 situated in Sector 19, Faridabad. It is further stated that the plaintiff requested the defendants to cancel the unauthorised allotment of plots as mentioned above, but in vain. Accordingly suit was filed, seeking a decree for possession of the property comprised in plots Nos.872, 874, 876, 878 and 882 (total measuring 820 sq.yards). In the alternate, it is prayed that the plaintiff be given possession of an area equivalent to the encroached area in the unallotted land situated in Sectors 19/28, Faridabad.

(3.) In a separate written statement filed by defendants No.2 and 4 i.e., the Land Acquisition Collector, Faridabad and Collector Haryana State, District Faridabad raised similar objections. It is further added that the plaintiff with a malafide intention, did not take the amount of compensation in respect of the land measuring 2 Kanals 5 Marlas pertaining to Khasra No.102/1, despite the same being deposited with the office of the Land Acquition Collector. Dismissal of the suit was prayed for. No rejoinder was filed by the plaintiff. Following issues were framed from pleadings of the parties:-