DHARMENDRA Vs. B.H.E.L. RANIPUR HARIDWAR

JUDGEMENT

(1.) Heard Mr. Tapan Singh, the learned counsel for the petitioners and Mr. V.K. Kohli, the learned senior counsel assisted by Mr. Kanti Ram Sharma, the learned counsel for the respondent.

(2.) In this writ petition, the petitioners challenges the order passed by the learned 4th Additional District Judge, Haridwar in Misc. Civil Appeal No. 40 of 2017 on 14/9/2017. The learned 4th Additional District Judge, Haridwar has set aside the aforesaid order of injunction, granted by the learned Civil Judge (S.D.) Haridwar against the opposite party. The plaintiff filed the suit for perpetual injunction seeking restraining of the respondent from interfering the possession of the petitioner in respect of the land bearing Khasra No. 46 measuring 12 bigha & 9 biswa situated in Mauja Village Jwalapur, Tehsil & District Haridwar and, after appearance temporary injunction was granted against B.H.E.L. vide order dtd. 4/7/2017 which was set aside by the 4th Additional District Judge, Hardiwar.

(3.) The facts of the case are not disputed. The Land Acquisition Notification dtd. 8/2/1962 was issued under Sec. 6(1) of the Land Acquisition Act, 1894. Thereafter, possession was taken by the State Government and was delivered to the B.H.E.L. Since 1962, the land is in the possession of the B.H.E.L and it has been handed over to the State Industrial Development Corporation of Uttarakhand (hereinafter referred to as SIDCUL) for development purposes.