U.P. Awas Evam Vikas Parishad vs Ram Gulam And Ors. on 19 January, 2010

Court No. - 34

Case :- FIRST APPEAL No. - 40 of 1993

Petitioner :- U.P. Awas Evam Vikas Parishad
Respondent :- Ram Gulam And Ors.
Petitioner Counsel :- P.K. Singhal,N.C.Tripathi
Respondent Counsel :- L.P. Singh

Hon'ble Prakash Chandra Verma,J.

Hon’ble Ram Autar Singh,J.

Heard learned counsel for the parties.

There is no evidence to show that the Awas Evam Vikas Parishad was given
an opportunity of hearing, therefore, the award is setaside and the mater is
remitted back to the Reference Court to decide the case afresh on merits after
taking into account the entire evidence and after giving opportunity of hearing
to the parties in accordance with law in order to decide the burden of liability
of payment. However, till the disposal of the case on the issue recovery of the
amount which has been paid shall not be made till the decision of the
reference case.

Order Date :- 19.1.2010
R