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HIGH COURT OF UTTARAKHAND AT NAINITAL

First Appeal No. 21 of 2013

Shyamlata Verma. ………..Appellant.

Versus

Collector Dehdraun

and another. ……..Respondents

Present:

Mr. Lokendra Dobhal, learned counsel for the appellant.

Mr. Rahul Consul, learned counsel for the MDDA.

Mr. I.P. Kohli, learned Standing Counsel for the State of Uttarakhand.

Hon’ble Rakesh Thapliyal, J.

1. The instant first appeal has been preferred by the

appellant under Section 54 of the Land Acquisition Act against

the judgment and order passed by Addl. District & Session

Judge / Special Judge, Dehradun dated 04.12.2012 and decree

dated 18.12.2012 passed in Acquisition Suit No. 83 of 2004

(Shyamlata Verma Vs. Collector, Dehradun and another).

2. Brief facts of the present case are that a Notification under

Section 4 of the Land Acquisition Act, 1894 was issued on

12.06.2001 whereby the land was proposed to be acquired for

ISBT in which land of the appellant was also included and

subsequently, possession was taken on 03.10.2002 and

thereafter, award by declared by the SLAO on 08.08.2003. Being

aggrieved with the award, the appellant and other claimants

have approached to the Reference Court by moving an

application under Section 18 of the Land Acquisition Act and

all the reference applications were decided by the impugned

judgment and decree and now, being aggrieved with the

impugned judgment and decree passed by the Reference Court,

the instant first appeal has been preferred.

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3. Appeal was admitted on 14.10.2020. Thereafter, an

application was moved by the appellant under Section 151 CPC

by placing certain new facts that the land of the appellant,

which was acquired, was not utilized for ISBT rather in the said

land a multistoried building was constructed and thereafter,

the same were sold out. This application is supported with an

affidavit containing two photographs, one constructed house of

the appellant and another multistoried building, which was

constructed after demolition of two storied house of the

appellant.

4. The MDDA was asked to file an affidavit and in

compliance thereof, the Chief Engineer and Incharge of the

Legal Section Harichand Singh Rana filed an affidavit giving

following statement:

“3. That it is submitted that Notification under Section 4

of Land Acquisition Act, 1894 was issued on 12.06.2001

for acquisition of various lands including the land of the

Appellant consisting in Khasra No. 538, Majra,

Dehradun for Planned Development Scheme for

construction of Bus Terminal by the Respondent No. 2 /

Mussoorie Dehradun Development Authority, Dehradun

in District Dehradun.

4. That thereafter Notification under Section 6 read

with Section 17 of Land Acquisition Act, 1894 was

issued on 28.02.2002 for directing the Collector,

Dehradun to take order of the acquisition of the aforesaid

land for Planned Development Scheme for construction

of Bus Terminal by the Respondent No. 2 / Mussoorie

Dehradun Development Authority, Dehradun in District

Dehradun.

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5. That pursuant to the Notifications issued under

Section 4, 6 and 17 of Land Acquisition Act, 1894 as

above, the possession of the acquired land including that

of Khasra No. 538, Village Majra, Dehradun was taken

on 03.10.2002 by Mussoorie Dehradun Development

Authority, Dehradun.

6. That Mussoorie Dehradun Development

Authority, Dehradun / Respondent No. 2 got an

Overhead Water Tank constructed by Uttarakhand

Peyjal Nigam for supply of water to the residential colony

situated nearby the aforesaid Khasra No. 538, Village

Majra, Dehradun.

7. That after the construction of Overhead Water

Tank having been completed, one Shri Jogindra Singh

Kukreja made representations to the Respondent No. 2 /

Mussoorie Dehradun Development Authority, Dehradun

to the effect that the said Overhead Water Tank had been

constructed over his land measuring 186.6 Sq.Mtrs,

forming part of Khasra No. 538/1-M (new Khasra No.

549 Ka), Mauza Majra, which part of his land was not

under acquisition.

8. That after thoughtful consideration and deliberation

over the matter in 87th Boa