Decided on July 15,2013

Northern Eastern Railways Appellant
BHAGWAN DAS Respondents


- (1.) This second appeal is directed against the judgment and decree dated 03.11.2001 passed by 2nd Additional District Judge, Udham Singh Nagar in Civil Appeal No. 9 of 2001 and judgment and decree dated 13.03.2001 passed by Civil Judge (J.D.), Khatima, District Udham Singh Nagar whereby the suit for permanent injunction was decreed against the appellant on the ground that the grandfather of respondent Late Kanhai Lal was recorded Bhumidhar of the land in dispute.
(2.) According to the appellant disputed land was handed over to the Northern Railways Administration by the State Government. The plaintiff before the trial court as well as before the appellate court raised the plea that the Government has no right to transfer the land to any Department, whether the State or the Central Government without due process of law, under the Land Acquisition Act. The application under Order 41 Rule 27 of C.P.C. filed before this Court was dismissed vide order dated 17.07.2002 and thereafter the recall application of the above order was also dismissed by this Court vide order dated 14.06.2005.
(3.) Aggrieved by the said orders, the appellant preferred Civil Appeal before the Hon ble Apex Court. The Hon ble Apex Court vide judgment and order dated 11.04.2008 allowed the appeal, preferred by the appellant, and set aside the orders passed by this Court and remanded the matter back to this Court for hearing the applications preferred by the appellant under Order 41 Rule 27 and Order 6 Rule 17 of C.P.C. and decided the same afresh on merit. Thereafter, the application was heard on merit by this Court on 23.05.2013 and allowed the same and framed following substantial question of law:- Whether the land in dispute could be transferred by Government Order, without due process of law, under the Land Acquisition Act ;

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