- (1.) This revision has been preferred against the order dated 26.9.2014 passed in Land Acquisition Reference Case No. 19/2003, Subhash v. M/s Green Valley Samuhik Krishi Samiti Ltd., by the court of Additional District Judge/ Special Judge (SC/ST Act), Gautam Buddha Nagar, by which application 54-C of opposite party of the case was rejected.
(2.) In the court below, proceeding u/s 30 of the Land Acquisition Act, 1894 is going on for apportionment of compensation between the parties. During said proceedings, revisionist moved the application 54-C with averment that one original suit no. 57/2001, Subhash v. Shadi Ram and others, is pending in the court of Civil Judge (Junior Division), Gautam Budha Nagar, which has been filed by applicant Subhash for declaring void the sale-deed executed by late Turmal in favour of M/s Green Valley Samuhik Krishi Samiti Ltd. Since matter in issue and point to be determined in present reference and aforesaid suit no. 57/2001 are same that as to whether Turmal had executed sale-deed dated 4.1.1985 in favour of opposite party Samiti or not, and since parties of the reference and original suit are common; therefore the proceeding of present reference be stayed till judgment of original suit no. 57 of 2001.
(3.) On application 54-C the lower court had obtained objection 58-C from opposite party, in which it was pleaded that the relief sought and dispute between present reference and original suit no. 57/2001, Subhash v. Shadi Ram and others, are not common. Original suit no. 57/2001 was instituted for cancellation of sale-deed, whereas present reference is pending for payment of compensation. This court dealing with reference has no jurisdiction to stay proceedings of any other court. Therefore the application of opposite party should be rejected.;