Court No. - 34 Case :- FIRST APPEAL No. - 338 of 1995 Petitioner :- U.P.Avas Evam Vikas Parishad Respondent :- Ravail Singh And Others Petitioner Counsel :- P.K.Singhal,N.C. Tripathi,R.P. Goyal Respondent Counsel :- K.M. Dayal,Atul Dayal,H.N.Singh,L.M.Singh,R.K.Jain Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
We have heard learned counsel for the parties.
This appeal has been filed by U.P. Awas Evam Vikas Parishad against the
award dated 5.10.1993 in L.A.R case NO. 16/70 of 1989 passed by VIIIth
Additional District Judge, Kanpur Nagar.
The sole ground of contest is that in view of law laid down by Apex Court in
the case of U.P. Awas Evam Vikas Parishad Vs. Gyan Devi ( Dead) reported
in AIR 1995 Supreme Court 724, Awas Evam Vikash Parishad was not party
therefore the award deserves to be set aside and as the same has been passed
without giving an opportunity of hearing to the authority for which the land
was acquired.
Learned counsel for the appellant has relied on array of the parties in
reference case as well as decree passed to substantiate the fact that the Awas
Evam Vikash Parishad was not party in reference.
Learned counsel l for the claimants/ respondents have filed the entire order
sheet of reference court including Vakalatnama filed on behalf of Awas Evam
Vikas Parishad which is paper 66 G-2. On perusal of Vakalatnama shows that
the same has been filed by Shri K.C. Gupta, Advocate who appeaed for the
Awas Evam Vikas Parishad and the Vakalatnama bears the seal of the Awas
Evam Vikash Parishad. On perusal of para 8 shows that the Lekhpal was also
examined. Thus the sole ground of appellant that the Awas Evam Viakash
Parishad was denied of opportunity of hearing stands unproved. On the other
hand it is proved that Awas Evam Vikas Parishad was given full opportunity
of hearing and and that had contested the case before the learned reference
Court.
Thus this appeal fails and is hereby dismissed.
Order Date :- 19.1.2010
R