Court No. - 30
Case :- FIRST APPEAL No. - 497 of 2019 Appellant :- Agra Development Authority Respondent :- Leela Dhar (Since Deceased) And 12 Others Counsel for Appellant :- Suresh C. Dwivedi,M.C. Chaturvedi,Senior Advocate Counsel for Respondent :- Ashok Kumar Tripathi (Now Ashok Tripathi) Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the appellant and Sri Ashok Tripathi, learned counsel for the respondents.
Present appeal has been filed for setting aside the order dated 28.2.2019 passed by Additional District Judge / Presiding Officer, Nagar Mahapalika Tribunal, Agra in Land Acquisition Case No. 807 of 2003.
Both the parties agreed 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."
Admit.
Notice need not be issued to the claimants-respondents as they are already represented before this Court.
In view of the aforesaid requirement of filing paper book is dispensed with. There is no requirement of summoning lower court record.
The appeal stands disposed of in terms of the abovenoted judgment dated 25.7.2019.
Order Date :- 30.7.2019 Lalit Shukla