Rajendra Kr. Sharma & Ors vs State Of U.P. & Ors

After about 3 years, the writ petitioners including the appellants herein, filed two applications for recall of order dated 17.2.1999. One of the applications was registered as Civil Misc. (Recall) Application No.178891/2005 and the other was registered as Civil Misc. (Recall) Application No.175596/2005. In Civil Misc. (Recall) Application No.178891/2005, the Division Bench of the High Court, after taking cognizance of the averments contained in paragraph 22 of the counter affidavit filed in Civil Misc. Writ Petition No.20434/1994 (this petition was also filed by the appellants herein for restraining the respondents from dispossessing them and demolishing the construction made by them) that Shri Ram Singh, Deputy Collector-cum-Special Land Acquisition Officer, Moradabad had not filed any counter affidavit, passed an order on 4.1.2006 and directed the standing counsel to file a detailed affidavit as to under what circumstances counter affidavit was filed in this petition when the Court had not issued any direction to the State Government to do so. The Division Bench also took cognizance of the fact that in the supplementary counter affidavit filed in Writ Petition No.20434/1994 on behalf of the MDA, it was stated that possession of the acquired land had been taken on 22.6.1991; that award was made on 30.4.1994 and that reference under Section 18 was also decided. On 23.2.2006, the Division Bench directed District Collector, Moradabad to investigate into the matter and file his personal affidavit explaining whether Shri Ram Singh had the authority to file affidavit and, if so, under what circumstances the said affidavit had been filed. Shri Ram Singh was suo moto impleaded as party and was directed to file his affidavit. The District Collector, Moradabad submitted its report dated 17.4.2006. By an order dated 9.5.2006, Shri Ram Singh was directed to appear in person and the standing counsel was directed to produce the relevant records. After considering all the affidavits and enquiry report, the Division Bench dismissed the Recall Application No.178891/2005 by recording the following observations:

The appellants have not filed rejoinder affidavit to controvert the assertion made in the counter affidavit that the possession of the land was taken on 22.6.1991; that Writ Petition No.20434/1994 filed by the appellants was dismissed for non-prosecution and that Special Leave Petition (Civil) No.16433/2006 filed against order dated 27.7.2006 passed in Civil Misc. (Recall) Application No.178891/2005 was dismissed by this Court except qua the property of respondent No.10 herein. This being the position, we do not find any valid ground to entertain the appellants' prayer for setting aside the impugned orders.

In the result, the appeal is dismissed. However, the parties are left to bear their own costs.

So far as I.A. is concerned, we do not find any justification to entertain the prayer for restraining the respondents from dispossessing the appellants-applicants because possession of the acquired land was taken by the MDA almost 18 years ago after 80% of the compensation had been deposited. Accordingly, the I.A. is dismissed.

.............................J. (G.S. Singhvi) .............................J. (H.L. Dattu) New Delhi August 18, 2009 ITEM NO.MM 7-A COURT NO.7 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No. IN Petition(s) for Special Leave to Appeal (Civil) No(s).6641/2007 (From the judgement and order dated 27/07/2006 in CMRA No. 175596/2005 in CMWP 44749/92 and order dated 10.8.2006 in CMRA No. 158574/2006 in CMWP 44749/92 of The HIGH COURT OF JUDICATURE AT ALLAHABAD) RAJENDRA KR. SHARMA & ORS. Petitioner(s) VERSUS STATE OF U.P. & ORS. Respondent(s) (Appln(s) for interim Relief,c/delay in filing SLP and office report) Date: 18/08/2009 This Petition was called on for hearing today.

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