2010 Supreme(Raj) 378
Citation : RLW 2010(2) RJ 1245 (SC)]
(Supreme Court)
Oswal Fats & Oils Ltd. Vs. Addl. Comm. (Admn.) (Singhvi, J.)
HON'BLE G.S. SINGHVI, J.
HON'BLE ASOK KUMAR GANGULY, J.
Oswal Fats & Oils Ltd.
Versus
Additional Commissioner (Administration), Bareilly Division, Bareilly & Ors.
Civil Appeal No.7982 of 2002, decided on 01.04.2010
Manoj Awarup, Lalita Kohli (for M/s. Manoj Swarup & Co.), for Appellant;
T.N. Singh, Shekhar Raj Sharma, Chandra Prakash Pandey, for Respondents
Headnote:(a) U.P. Zamindari Abolition and Land Reforms Act, 1950, Sec. 154(1) — Definition of "Person" — Construction of word "Person" should not be in a manner which defeat the object and purpose of legislation — Held — The word "Person" includes any company or association or body of individuals, whether incorporated or not.
¼d½ mRrj izns'k tehaunkjh mUewyu ,oa Hkwfe lq/kkj vf/kfu;e] 1950] /kkjk 154 ¼1½ & ^^O;fDr** dh ifjHkk"kk & ^^O;fDr** 'kCn dh lajpuk bl <ax ls ugha gksuh pkfg, ftlls fd fo/kku dk mn~ns'; ,oa iz;kstu gh foQy gksrk gks & vfHkfu/kkZfjr & ^^O;fDr** 'kCn esa lfEefyr gS dksbZ Hkh dEiuh ;k la?k ;k O;fDr;ksa dh bdkbZ] pkgs fuxfer gks ;k ughaA
(b) Interpretation of Statute — Words and phrases — Use of word "include" — Held — It is used to enlarge the meaning of the word or phrases occurring in the body of the statute — When it is used, those words or phrases must be constructed as comprehending not only such things but also those things which the interpretation, clause declare that they shall include.
¼[k½ dkuwu dh O;k[;k & 'kCn ,oa okD;ka'k & ^^lfEefyr djuk** 'kCn dk iz;ksx & vfHkfu/kkZfjr & dkuwu dh bdkbZ esa iz;qDr gksus okys 'kCnksa ,oa okD;ka'kksa ds vFkZ dks foLr`r djus gsrq bldk iz;ksx fd;k tkrk gS & tc budk iz;ksx fd;k tkrk gS rks mu 'kCnksa ;k okD;ka'kksa dk O;kid vFkZ yxk;k tkuk pkfg,] u dsoy ,slh phtksa dk cfYd mu phtksa dk Hkh ftldk O;k[;k [k.M ;g ?kks"k.kk djrk gS fd os lfEefyr gksaxsA
vihy [kkfjt dhA
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, recommen-dations 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 Suit No.133 o