S.MOHAN, S.P.BHARUCHA
Syed And Company – Appellant
Versus
State Of J & K – Respondent
(1) BOTH these appeals by grant of special leave can be dealt with under a common order as they arise from the same proceedings.
(2) DURING the period from 7/03/196 3/04/1965, lease agreements were executed between the government of State of Jammu and Kashmir and private lessees for cutting timber from the forest of Jammu and Kashmir. These leases were held to be void by a full bench decision, rendered on 15/06/1973, of the Jammu and Kashmir High court. The decision is reported in State of jammu and Kashmir v. Goodwill Forest Lessees. In order to get over the judgment, the J & K Forest Act, 1987 was amended by incorporating S. 52-A, 52-B and 52-C in the Act whereby the prescribed authority was constituted to determine the quantum of advantages received by the parties with reference to leases which were rendered void as a result of the judgment of the full bench.
(3) PARTIES will be referred to as arrayed in C.A. No. 544 of 1985.
(4) ON 7/01/1976 the State filed a suit for recovery of a sum of Rs. 7,61,953.52 on account of royalty arrears together with interest against Syed & Co. On 8/08/1981, the prescribed authority rendered a judgment holding that the
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