M.R.SHAH, B.V.NAGARATHNA
Jyoti Nagar Welfare Association – Appellant
Versus
Amir Chand (Dead) through LRs – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with impugned judgment and order dated 06.01.2016 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 115 of 1994 (O&M), by which, the High Court has disposed of the said appeal by observing that the suit land in question under possession of the original plaintiff be also acquired in accordance with law and compensation be paid to the original plaintiff in accordance with law, Jyoti Nagar Welfare Association and Municipality, Thanesar have preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as under:-
2.1 That after following the due procedure as required under the provisions of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act, 1973) the State of Haryana sanctioned Town Planning Scheme No. 5 (unbuilt area) on 29.10.1975. Under the said Scheme, the suit land in question was reserved for public park. That respondent No. 1 herein – original plaintiff instituted the present suit being Civil Suit No. 29/1987 for permanent injunction only with respect to the land admeasuring 5 kanals and 12 marlas which was reserved for public park,
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