IMPORTANT POINT
Word ‘person’ would include a non natural person.

Headnote:(a) Constitution of India – Article 226 – Writ petition is liable to be dismissed for suppression/concealment of material facts – A person who does not disclose all material facts has no right to be heard on the merits of his grievance – Such person would be guilty of contumacious conduct and not entitled to any relief. (1917) 1 KB 486; (1977) 2 SCC 431; (1983) 3 SCC 333; (1983) 4 SCC 575; (1991) 3 SCC 261; (1994) 1 SCC 1; (1996) 4 SCC 297; (2001) 3 SCC 92; (2007) 8 SCC 449; (2008) 2 SCC 326; (2008) 12 SCC 481; (2009) 3 SCC 141; C.A. No. 5239/2002 – Relied upon(Paras 14, 15 and 21)
       (b) Words and Phrases – “Include” – The word `include’ is generally used to enlarge the meaning of the words or phrases occurring in the body of the statue – When it is so used those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include – The word “include” is susceptible of another construction, which may become imperative, if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions used – It may be equivalent to `mean and include’ and in that case it may afford an exhaustive explanation of the meaning which for the purposes of the Act must invariably be attached to those words or expressions. (1899) AC 99; AIR 1960 SC 610 – Relied upon (Para 25)
       (c) U.P. Zamindari Abolition and Land Reforms Act, 1950 – Section 154(2) – Section 154(1) r/w section 3(1) and 4(33), Uttar Pradesh General Clauses Act, 1904 – “Person” – Would include any company or association or body of individuals, whether incorporated or not – It would also include human being and a body of individuals which may have juridical or non juridical status. AIR 1953 SC 274; (1979) 3 SCC 54; (1987) 1 SCC 424; (2009) 4 SCC 94; (1976) 4 SCC 100; (2008) 5 SCC 449 – Relied upon (Paras 25 and 26)
       Facts of the case:
       1.The appellant is a company incorporated under Section 149(3) of the Companies Act, 1956. In 1991, the appellant decided to set up agro based paper projects in the State of U.P.
       2.An application dated 24.10.1991 was submitted on behalf of the appellant to Joint Director of Industries, Bareilly Zone, Bareilly for grant of permission under Section 154(2) of the Act for purchase of land in excess of 12.5 acres.
       3.However without waiting for response of the concerned authority, the appellant purchased 40.45 acres land in Shahi and Khamaria Pul villages, Pargana Jahanabad, Tehsil and District Pilibhit through different sale deeds executed between January and April, 1992.
       4.The State of Uttar Pradesh challenged transfer of various parcels of land in favour of the appellant by filing identical suits under Sections 154, 167, 168A and 194 of the Act. The transferors, who were impleaded as parties in all the suits did not contest the same.
       5.However, the appellant filed identical written statements in all the cases. In first paragraph of the written statement filed in Suit No.133 of 1993, the appellant admitted all the paragraphs of the suit. In the additional statement, the appellant virtually conceded that the land was purchased in contravention of the Act and stated that it may be allowed to retain 12.5 acres out of the disputed land.
       6.By an order dated 24.5.1993, the Collector declared that the purchase made by the appellant in excess of 12.50 acres is against the provisions of Sections 154/167 of the Act and that it will be entitled to retain only 12.50 acres and the remaining land measuring 27.95 acres would vest in the State Government.
       7.The revision petitions as also the writ petition were dismissed.
       Finding of the Court:
       Word ‘person’ would include a non natural person.

JUDGMENT

G.S. Singhvi, J.

1. Feeling aggrieved by refusal of the learned Single Judge of Allahabad High Court to quash orders dated 24.5.1993 and 30.5.2001 passed by Collector, Pilibhit (for short, ‘the Collector’) and Additional Commissioner (Administration), Bareilly (for short, ‘the Additional Commissioner’) respectively under the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short, ‘the Act’), declaring that 27.95 acres land purchased by theappellant in Shahi and Khamaria Pul villages of District Pilibhit shall vest in the State Government, the appellant has filed this appeal.

2. The appellant is a company incorporated under Section 149(3) of the Companies Act, 1956. In 1991, the appellant decided to set up agro based paper projects in the State of U.P. By resolution dated 14.10.1991, the Board of Directors of the appellant authorised Shri Kamal Oswal (Director), Shri T.R. Sharma (General Manager) and Shri Jai Prakash Kaushal (Authorised Signatory) to negotiate and finalise purchase of land in the State of Uttar Pradesh and/or other States and Union Territories, to sign sale deeds etc. for effective acquisition/transfer of land. Paragraphs (e) and (f) of that resolution read as under:

“To sign for and on behalf of the company all sales deeds conveyance deeds, Intkals, Mutations and other documents necessary for the effective acquisition/transfer of the land in the name of the company and for this purpose to appear for and on behalf of the company before any court of law, Tehsildar, Naib Tehsildar, Patwari, Registrar, Sub Registrar of any other land transferring authority. And to do all other acts, things and deeds for and on behalf of the company which any of the above noted persons in the discharge of their lawful duties consider proper and in the best interest of the company.”

3. Soon thereafter, an application dated 24.10.1991 was submitted on behalf of the appellant to Joint Director of Industries, Bareilly Zone, Bareilly for grant of permission under Section 154(2) of the Act for purchase of land in excess of 12.5 acres. The relevant portions of that application are extracted below:

“Our Company is proposing to set up a 100 TPD (Gross) Agro based paper project in area adjoining villages of Shahi Kamariapul, Adhkata Nazrana. For this project we require about 200 Acres of land out of which about 50 Acres shall be in Pilibhit District and about 150 Acres in Nawabganj Tehsil of Bareilly District.

The proposed paper project shall utilise Agricultural wastes such as wheat Straw, Rice Straw and Bagasse etc. as the main raw materials. The project shall generate direct employment opportunities for about 750 persons and for many more indirectly. The project shall be of special benefit to the people living in the areas near the site.

We through this letter are applying to your office for the permission under section 154 of ZALR Act for purchase of land in excess of 12.5 Acres for industrial purpose. We are enclosing two additional copies of this letter. We are also enclosing the site plan, recommendations of Technical Consultants for your ready reference.

We shall be pleased to furnish any other information required by you in this connection. We wish to bring to your kind notice that we plan to start the purchase of land for this project from next month i.e. Nov. 1991.”

4. However without waiting for response of the concerned authority, the appellant purchased 40.45 acres land in Shahi and Khamaria Pul villages, Pargana Jahanabad, Tehsil and District Pilibhit through different sale deeds executed between January and April, 1992.

5. The State of Uttar Pradesh challenged transfer of various parcels of land in favour of the appellant by filing identical suits under Sections 154, 167, 168A and 194 of the Act. The transferors, who were impleaded as parties in all the suits did not contest the same. However, the appellant filed identical written statements in all the cases. In first paragraph of the written statement filed in Sui

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2010 Supreme(SC) 288

IMPORTANT POINT Word ‘person’ would include a non natural person.

Cases Referred (17)

IMPORTANT POINT
Word ‘person’ would include a non natural person.