Supreme Court - Daily Orders
Harcharan(D) Tr.His Legal Heirs vs Union Of India on 16 August, 2017
Bench: Arun Mishra, Mohan M. Shantanagoudar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).7143 OF 2010
HARCHARAN(D) TR.HIS LEGAL HEIRS & ANR. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
The land in question was mentioned in declaration under Section 6 of the Land Acquisition Act. The land was treated as belonging to Gaon Sabha, whereas the appellant claimed it to be of his ownership. Such question of title could not have been adjudicated in the writ jurisdiction. Filing of the writ petition was entirely a misconceived venture. Remedy was to file a civil suit or to seek reference under Section 18 or 30 of the Land Acquisition Act. Thus, we are not inclined to make any interference in the appeal.
The civil appeal is dismissed, accordingly.
....................J (ARUN MISHRA) ....................J (MOHAN M. SHANTANAGOUDAR) NEW DELHI;
Signature Not Verified AUGUST 16, 2017 Digitally signed by BALA PARVATHI Date: 2017.08.19 13:45:07 IST Reason: ITEM NO.103 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Civil Appeal No(s).7143/2010 HARCHARAN(D) TR.HIS LEGAL HEIRS & ANR. Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 16-08-2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. N.S. Chechi, Adv.
Mr. Kartar Singh, Adv.
K. S. Rana, AOR For Respondent(s) Ms. Rachana Srivastava, AOR Ms. Monika, Adv.
Ms. Sukrit R. Kapoor, Adv. Ms. Nitya Madhusoodanan, Adv.
Mr. Vishnu B.Saharya, Adv. Mr. Viresh B. Saharya, Adv. M/s Saharya & Co., AOR UPON hearing the counsel the Court made the following O R D E R The Civil appeal is dismissed in terms of the signed order.
(B.PARVATHI) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)