BHERU DAS Vs. BIRLA CORPORATION LTD.

JUDGEMENT

(1.) This second appeal under section 100 CPC is directed against the judgment dated 7/9/2016 passed by the Addl. District Judge NO.3, Chittorgarh, whereby, the appeal filed by the appellant Bheru Das against the judgment and decree dated 27/11/2013 passed by Civil Judge (Sr. Division), Chittorgarh has been rejected.

(2.) The plaintiff filed a suit for permanent and mandatory injunction against the respondents inter alia with the averments that the proceedings were initiated under Section 89 of the Rajasthan Land Revenue Act, 1956 ('the Act, 1956') for acquisition pertaining to land comprised in Araji No. 411 ad measuring 1.45 hectares as the land was required for mining. The Addl. Collector (Land Acquisition) Chittorgarh in case no. 180/95 decided on 27/1/1999 granted permission and based on the settlement between the parties dated 15/12/1998, the order was passed. Based on the order dated 27/1/1999, the land came in possession of the plaintiff and the compensation determined by the Collector was paid to the respondents, the land in question was recorded in the name of plaintiff Company as mining area and safety zone. As the land was acquired for mining/non-agricultural purpose, the suit was filed before the civil court.

(3.) It was alleged that the defendants were attempting to unauthorizedly possess the land in question and, therefore, an appeal against the order dated 27/1/1999 has been filed by the defendants after 10 years before the Revenue Appellate Authority, which appeal has been rejected. The plaintiff wants to raise certain construction on the part of the land, wherein, the foundations were dug and stones etc. were collected when the defendant tried to interfere, for which FIR has been lodged. Based on the said submissions, a permanent injunction was sought against the defendants from interfering with the possession and construction work going on and in case any illegal construction is raised to demolish the same.