Hon’ble Siddhartha Sah, J.

This second appeal has been preferred against the judgment and decree dated 11.03.2011 passed by the Additional District Judge/FTC-III, Dehradun in Civil Appeal No. 10 of 2007, Mussoorie Dehradun Development Authority v. Lt. Gen. R.K. Jasbir Singh & Others, as well as the judgment and decree dated 14.02.2007 passed by the Additional Civil Judge-I (Senior Division), Dehradun in Original Suit No. 621 of 2004, Lt. Gen. R.K. Jasbir Singh & others v. Mussoorie Dehradun Development Authority.

2. The genesis of the present second appeal is traceable to a suit instituted by the plaintiffs/respondents before the Court of the Civil Judge (Senior Division), Dehradun, seeking declaration and possession. The suit was filed on the premise that the plaintiffs are the owner and Bhumidhars of part of Khasra No. 430 (New No. 908), situated at village Adhoiwala, Central Doon. DEAL, Dehradun acquired 14.17 acres of plaintiff’s land in Khasra No.430, 431, 307, in village Adhoiwala in 1990, but left 0.670 hectare land out of Khasra number 430. DEAL put up fencing around acquired land blocking access to part of Khasra number 430 (New No. 908), left by DEAL. The suit property is fully described in schedule of properties and attached sketch given at the end of the plaint. MDDA occupied 0.4000 hectare of Khasra number 430, new number 908 in 1996 and started constructing flats. The plaintiffs are in correspondence with the defendant since 1998 when they came to know about illegal occupation of their land in 1998. Plaintiffs gave an application to Tehsildar, Central Doon for joint survey of Khasra number 430. Suit number 30/2001-2002 titled Lt. Gen. R.K. Jasbir Singh vs. MDDA was filed in the court of SDM for demarcation under sec. 41 of Land Revenue Act. Joint survey of land under occupation of MDDA was carried out by Tehsildar, Central Doon along with Kanungo and Lekhpal. MDDA sent their Tehsildar along with their Lekhpal for joint survey. The report of joint survey submitted by Tehsildar, Central Doon shows 0.4000 hectare of land of plaintiffs under occupation of MDDA.

3. That it is further pleaded in the plaint that MDDA referred the matter to DGC (Revenue) for his opinion, who opined that though land is shown under Class 6(2) that is Abadi of land Revenue Manual, but that does not take away the ownership of Bhumidhar who are entitled to compensation. MDDA later requested the SLAO, Special Land Acquisition Officer, Dehradun, for initiating of acquisition proceedings. The SLAO expressed his inability to initiate acquisition proceedings with retrospective effect. Consequent to above correspondence, then Secretary MDDA suggested to file a suit under 209 and 229 of UP ZA & LR Act for declaration of title and eviction. He assured the plaintiff No. 1 that they would compromise the suit and pay compensation. Accordingly, suit number 39/2004 titled Lt. Gen. R.K. Jasbir Singh and another versus MDDA and others was filed in the court of SDM Dehradun. In the meantime, Vice Chairman and Secretary MDDA were transferred. The above suit has been dismissed by SDM on the grounds that the suit is time-barred. This was done inspite of various rulings of Revenue Board and High Court Allahabad that Abadi does not take away ownership of Bhumidhar and he can be declared owner and Bhumidhar even if there is some construction on land. The land is shown as Abadi in Khatauni, though the plaintiffs are still shown owner in Khatauni. It is in the interest of justice that plaintiffs be declared owner and Bhumidhar of Khasra No.430 (New No.908) and possession be delivered to plaintiffs after demolition of unauthorized and illegal construction. The litchi and guava orchard was fetching Rs.20,000/- per year. Defendant is liable to pay damages of Rs.20,000/- per year. While the defendant accept the fact of illegal occupation of 0.4000 hect. of plaintiffs land in Khasra No. 430, (New No.908) they have been avoiding payment of compensation on one pretext or the