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Non-Reportable

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6000 OF 2009

    The Market Committee Hodal Through its Secretary       ... APPELLANT(S)  

               VS.

    Smt. Sukhdevi & Ors.      ... RESPONDENT(S)

       JUDGMENT

Anil R. Dave, J.

1. Heard learned counsel for the parties. 2. A short question involved in this appeal is with  regard to the possession of Kill Nos.13/4 and 14/1 of  Rectangle No.226 situated at Patti Tihav, Hodal. 3. A  suit  had  been  filed  by  the  respondents  for  possession  against the  present appellant.   The  suit  had been decreed and even the appeal filed has been  dismissed.  In these circumstances, the present appeal  has been filed by the appellant. 4. Learned counsel appearing for the appellant has  submitted that the land in question has already been  acquired under Notifications under Section 4 and 6 of  the  Land  Acquisition  Act,  1894.   Moreover,  the  possession of the land in question had already been  

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taken on 20th April, 1981 and  compensation in respect  of  land  in  question  had  already  been  paid  to  the  respondents.  Relevant Notifications under Sections 4  and 6 have been placed on record. 5. In the aforesaid circumstances, in our opinion  the suit for possession could not have been decreed,  espectially when the land had already been acquired. 6. For the aforesaid reason, the appeal is disposed  of as allowed.  The impugned judgement is set aside and  suit is dismissed.  No order as to costs.   

       .................J.

[ANIL R. DAVE]

..................J. [ADARSH KUMAR GOEL]

New Delhi; 15th October, 2015.

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