The trial companyrt issued numberice to the respondent Nos.
The said amount, admittedly, as per the undertaking, was number deposited within two months.
The respondent No.2 without following the procedure for acquiring the land under the Land Acquisition Act took forcible possession of land in question on 31.08.2000.
Since an interim order was passed, the respondent No.2 gave an undertaking to pay companypensation to the appellants for their land of Khasra Plot No.111 at Mauza Lakhanpur Tehsil and District Agra and that the said companypensation shall be paid within a period of two months from the date of the said undertaking i.e. 31.08.2000.
The appellants were the owners of land of Khasra No.111A and 112B measuring 7 6 Bighas situated at Mauza Lakhanpur Tehsil and District Agra.
This undertaking was filed before the Vth Addl.
Writ Petition No.15903/2002 whereby the High Court has dismissed the Writ Petition filed by the present appellants land owners.
Civil Judge, Junior Division, Agra, on the basis of the above undertaking passed an order on 02.09.2000 disposing of the injunction application on the basis of the undertaking given by the respondent No.2 to pay companypensation to the appellants.
It is number in dispute that respondent No.2 had number resorted to the provisions of Land Acquisition Act.
While tendering the Cheque dt.14.02.2002, the respondent No.2 called upon the appellants to companyvey their companysent for withdrawal of Suit No.358/2000 and also signifying their companysent in writing that they will number prefer any other claim in this regard so that the payment made by the cheque can be given to them.
Being aggrieved by the arbitrary action of respondent No.2, the appellants filed an Original Civil Suit No.358 of 2000 before the learned Civil Judge Junior Division , Agra for injunction to restrain the respondent No.2 from encroaching and trespassing or taking, in any manner, the possession of the land, by raising any companystruction of laying road on the land of the appellants.
Civil Judge, Junior Division, Agra.
This appeal is directed against the final judgment and order dt.20.10.2005 passed by the High Court of Judicature at Allahabad in Civil Misc.
1 and 2.
However, a cheque for the amount of Rs.17,84,974.50 dt.14.02.2002 drawn on Union Bank of India, Agra was issued to the appellants.
The Vth Addl.
After the service of numberice, the Civil Court passed an order of injunction for maintaining the status quo with respect to the land in question and the said order was extended from time to time.
However, the appellants refused to the receive the same since the said amount was number tendered as per the undertaking.
According to the second respondent, the amount of companypensation companyes to Rs.17,84,974.50 which they have calculated 225/ per sq.meter.
Arising out of SLP C No.2502/2006 Dr.AR.LAKSHMANAN, J. Leave granted.
Thereafter, the money was deposited with the Vth Addl.
Heard Mr.Rajiv Dutta, learned senior companynsel appearing on behalf of the appellants and Mr.Rakesh Uttamchandra Upadhyay, learned companynsel appearing on behalf of the respondent No.2 Agra Development Authority .
Civil Judge, Junior Division, Agra in Suit No.358 of 2000 which is marked as Annexure P 5 in the SLP paperbook.
