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2018 Supreme(Del) 2999

RAJIV SAHAI ENDLAW
Gurcharan Singh Chadha – Appellant
Versus
B. D. O. (Gaon Sabha Mundka) – Respondent


Advocates Appeared:
For the Appellant : Mr. L.B. Rai and Mr. Kartik Rai
For the Respondents: Mr. Abhishek Kumar Singh, Mr. Yeeshu Jain and Ms. Shilphi Chaudhary

JUDGMENT :

1. This appeal under Section 54 of the Land Acquisition Act, 1894 impugns the judgment and decree [dated 20th February, 2016 in LAC No. 3A/12 Unique Case ID No. 02401C0333142012 of the Court of the Additional District Judge-02, West] on a reference under Sections 30&31 of the Act with respect to Award No. 13/DCW/2006-07, Village Mundka in regard to Khasra No. 64/16 min (0-10), 17/1 (1-6) as per enclosed Naksha Muntzamim along with compensation of Rs.9,10,826/-.

2. The appeal came up first before this Court on 31st May, 2016, when notice thereof was ordered to be issued. Vide order dated 21st October, 2016, Trial Court record was requisitioned. On 7th September, 2017, after some hearing, the record relating to the proceedings under Section 81 of the Land Reforms Act, 1954, whereby the said land vested in Gaon Sabha, was requisitioned. The said record was not produced inspite of several opportunities. Ultimately, vide order dated 28th August, 2018, while giving last chance to produce the record, the personal presence of the District Magistrate (West) on the next date of hearing was also directed. On 4th October, 2018, the District Magistrate (West) appeared and submitted a r

























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