Shyam Gopal Bindal & Ors vs Land Acquisition Officer & Anr

3. They claim ownership rights on the basis of the order passed by the Additional District Collector, Ajmer, Rajasthan dated 2 11.01.1971 passed in Case No.159 of 1970, wherein predecessors- in-interest of the appellants, namely, Meghraj was declared to be owner of the suit land. An application had been filed by Meghraj and his brother on 15.12.1959 in the Court of Additional District Collector, Ajmer, Rajasthan seeking a declaration that the suit land was their personal property. Upon due investigation the declaration was issued that "the lands of the Khasra Nos.

4. Another order was passed in Revenue Suit No.176 of 1989 by the Sub Divisional Officer, Ajmer, Rajasthan on 20.06.1994 whereby Urban Improvement Trust, Ajmer (hereinafter referred to as "UIT") was directed "not carry out any construction without applying & initiating legal proceedings, and the Urban Improvement Trust, Ajmer has no restriction in carrying out the proceedings of acquisition in accordance with practice." This direction was issued on the basis of the averments made in the application that the appellants are the Khatedar cultivators of the land in dispute. It 3 was apprehended that UIT wants to construct the road through the aforesaid land without legally acquiring the same. The aforesaid judgment of the Sub Divisional Officer was not challenged by the UIT.

5. On 31.10.1994, the appellants submitted an application seeking demarcation of the land in question which was duly ordered by the Sub-Divisional Officer. Thereafter the appellants received a letter dated 23.11.1994 from the UIT disclosing that the land in question had been acquired vide Award dated 25.01.1994. The appellants and the other co-owners were asked to receive the compensation from the office of UIT. On receipt of the aforesaid letter the appellants sent notice challenging the legality of the award. The predecessors of the appellants Meghraj then filed a civil suit in the Court of Additional Civil Judge (A.B.) & Judicial Magistrate First Class, No.2, Ajmer seeking an injunction and declaration. In the suit the entire acquisition proceedings had been challenged on the ground that due notice was not sent to the owner of the land. It was pleaded that the land acquisition procedure as prescribed under Section 4, Section 5(a) and Section 11(a) of the 4 Land Acquisition Act had not been followed. After completion of the pleadings the trial court framed the following issues:

With these observations the suit of the plaintiff was dismissed by judgment and order dated 26.10.1998.

7. Aggrieved by the orders of the lower courts the appellants moved the High Court by way of second appeal which has also been dismissed by the impugned judgment dated 03.01.2008. The High Court dismissed the appeal with the observation that as the land had already been acquired and the award passed as early as on 15.1.1994, under the provisions of the Land Acquisition Act, 1894, no useful purpose would be served by remanding the case to the trial court for affording an opportunity to the plaintiff-appellants to lead evidence when the civil court has no jurisdiction to set aside 6 the award. In view of the dismissal of the appeal the application under Order 41 Rule 27 was also dismissed.

9. In view of the above, the appeal is allowed. The judgments of the High Court in S.B. Civil Second Appeal No.305 of 2006 dated 03.01.2008, Additional District Judge No.1, Ajmer in Civil Appeal No.134 of 1998 dated 10.02.2006 and Additional Civil Judge(A.B.) & Judicial Magistrate First Class, No.2, Ajmer in Civil Suit No.34/95(29/95) dated 26.10.1998 are set aside. The application for additional evidence is allowed. The matter is remanded back to 8 the trial court for a fresh decision on merits. Plaintiffs as well as the defendants shall be permitted to place on record any additional documents.

........................................J (TARUN CHATTERJEE) .........................................J (SURINDER SINGH NIJJAR) NEW DELHI, JANUARY 11, 2010.