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2011 Supreme(All) 547

RAKESH SHARMA
RAM SUKH SHARMA – Appellant
Versus
KANPUR DEVELOPMENT AUTHORITY, KANPUR NAGAR – Respondent


Advocates:
Anil Kumar Singh and G.L. Tripathi for the Petitioner; Atul Kumar, Ajit Kumar, L.M. Singh, M.K. Gupta and Ravi Kiran Jain for the Respondents.

JUDGMENT

Hon’ble Rakesh Sharma, J.—These four appeals were clubbed together under the orders of the Court. All the four appeals involve common questions of fact and law, hence these are decided together by a common judgement and order.

2. It is noteworthy that in the present litigation the lower Courts , i.e., trial Courts and the first appellate Courts have at all stages recorded concurrent findings of fact to conclude that Buddh Narayan Agnihotri or the persons Ram Sukh Sharma and others alleging themselves to be his tenants were not the title holders, owners of the land in dispute situate in Kakadev, Kanpur Nagar. They were tress passers and were in illegal and unauthorised possession over the land in dispute.

3. It emerges from the record that in furtherance of planned development of Kanpur city which was expanding in all the directions, a housing scheme was to be established in Kakadev area in the western side of the Kanpur city. A large chunk of agricultural land in village Kakadev, Pargana and Tehsil Kanpur was acquired after completing the procedure as per provisions contained in Section 36(1) of the Town Improvement Act. The disputed plots were recorded as Arazi Nos. 538, 539





























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