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2004 Supreme(SC) 225

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Escorts Farms LTD. , Previously Known As Escorts Farms (Ramgarh) LTD. – Appellant
Versus
Commissioner, Kumanon Division, Nainital, U. P. – Respondent


JUDGMENT

D.M. Dharmadhikari, J.

1. These appeals are directed against a common judgment dated 15th May, 1995 of the High Court of Allahabad passed in a batch of writ petitions arising out of proceedings under the U.P. imposition of Ceiling on Land Holdings Act 1960 (shortly hereinafter referred to as the Ceiling Act).

2. The lands, which were subjected to imposition of ceiling of Villages Dohrivakil, Kharmasa, Pachwala, Ramnagar of Tehsil Kashipur, District Nainital in Uttar Pradesh, now form part of new State of Uttaranchal.

3. The lands in the aforesaid villages were owned by the Ruler of erstwhile estate of Kashipur. Sometime before the year 1950, the lands were acquired by the Government of Uttar Pradesh from the Ruler of Kashipur. On a representation subsequently made by the Ruler of Kashipur, the Government of U.P. decided to release the land to the ruler on lease under the Govt. Grants Act 1895 as amended in its application to the State of UP by Govt. Grants (UP Amendment) Act 1960 (Shortly referred to as the Govt. Grants Act).

4. The lands were released to the ruler for its development and for making it cultivable within the prescribed period. The terms of the govt. grant are co

















































































































































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