in SBCWP No. 3740/2022 submitted that the Appellate
Tribunal, JDA has over looked many material facts. He
submitted that the original khatedars said to have executed a
Power of Attorney in favour of Mr. Mahesh Kumar Jain for the
limited purpose. The Power of Attorney dated 10.04.2002 was
for seeking patta in the name of the khatedars for 15%
developed land in lieu of their land which has been acquired
but Mr. Mahesh Kumar Jain has obtained the unregistered
lease deeds on 03.09.2002 in his own name, whereas even
the said Power of Attorney was also cancelled by the
Khatedars on 19.08.2002 and a registered letter was also
sent to Mr. Mahesh Kumar Jain and there was a public notice
in the newspaper to that effect but even then he proceeded
to obtain the unregistered lease deeds without any authority.
Counsel further submitted that de-acquisition of the land
acquired was made on 23.09.2002 and Mr. Mahesh Kumar
Jain sent a legal notice to the Khatedars on 01.02.2003 for
executing the sale deeds and also stated that in case the
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[2026:RJ-JP:6935] (8 of 24) [CW-3740/2022]
Khatedars fail to executed the sale deeds, he shall file a suit
for specific performance. Meaning-thereby, till 01.02.2003 Mr.
Mahesh Kumar Jain was not having any right over the land in
question. Counsel further submitted that a criminal case was
also lodged against Mr. Mahesh Kumar Jain and when he
preferred a criminal misc. petition under section 482 CrPC,
the khatedars submitted an affidavit that they have no
concern with Mr. Mahesh Kumar Jain as regards the land in
question. He further submitted that the alleged unregistered
lease deeds dated 03.09.2002 were cancelled by the JDA as
they were not in accordance with law. Counsel further
submitted that the document on the basis of which Mr.
Mahesh Kumar Jain is claiming the rights over the land in
question, were sent to the Forensic Science Laboratory for
report about the signatures of the Khatedars and a report
was received that the signatures of the khatedars on such
documents are forged. It has also been submitted by the
counsel that non-impleadment of khatedars in the appeal
filed by Mahesh Kumar Jain before the JDA speaks of his ill
intention. He also submitted that the khatedars at various
stages have mentioned the fact that they have sold the land
to Roopwas Model Grah Nirman Sahakari Samiti for a
residential scheme.