Court No. - 30
Case :- FIRST APPEAL No. - 345 of 2019 Appellant :- Agra Development Authority Jaipur House Agra Respondent :- Nihal Singh (Since Deceased) And 8 Others Counsel for Appellant :- Suresh C. Dwivedi,M.C. Chaturvedi Hon'ble Vivek Kumar Birla,J.
Heard Sri Suresh C. Dwivedi, learned counsel appearing for the appellant and perused the office report dated 25.9.2019.
According to the office report notices sent by ordinary post to respondents no. 1/1 to 1/5 and respondents no. 2 to 4 have not returned back after service. Notices sent by registered post AD to the same respondents neither undelivered cover nor AD has been returned after service and no Vakalatnama has been filed.
I also find that the respondents no. 2 to 4 are State authorities and it is only respondents no. 1/1 to 1/5 are the claimants who may be interested in the present appeal.
In such view of the matter, service on the respondents is deemed to be sufficient.
Present appeal has been filed for setting aside the order dated 29.11.2018 passed by the Additional District Judge/Presiding Officer, Nagar Mahapalika Tribunal, Agra in Land Acquisition Case No. 967 of 2003.
Sri Dwivedi, learned counsel for the appellant pointed out that the controversy involved in the present appeal is squarely covered by the judgment of this Court dated 25.7.2019 passed in First Appeal No. 733 of 2017 (Agra Development Authority vs. Nafisha Begum and others) alongwith other connected appeals arising out of the same acquisition proceedings, whereby while allowing the appeals filed by the Development Authority and by disposing the cross objections filed by the claimants matters have been remanded back to the reference court for deciding the references afresh. Paragraph 48 of the aforesaid judgment is quoted as under:-
"48. For all the reasons afore-stated, the impugned judgments in land acquisition references as mentioned in para-7 above, cannot be sustained and are hereby set aside and all the First Appeals filed by the appellant Agra Development Authority are allowed. The cross-objections filed by the claimants are disposed of. Matters are remitted back to the reference court to decide the references afresh in accordance with law in the light of the observations made above, expeditiously preferably within six months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournments to either of the parties."
In view of the aforesaid requirement of filing paper book is dispensed with.
The appeal stands disposed of in terms of the abovenoted judgment dated 25.7.2019.
Order Date :- 26.9.2019 p.s.