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2009 Supreme(All) 2519
[2009(7) ADJ 416 (DB)]
ALLAHABAD HIGH COURT
BEFORE : AMITAVA LALA AND RAJES KUMAR, JJ.
M/s. SWATANTRA BHARAT PAPER MILLS PVT. LTD., GHAZIABAD AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 48446 of 2008, decided on 6th July, 2009)
Counsel :
Shashi Nandan and C.B. Yadav for the Petitioners; Ashwani Kumar Misra and S.C. for the Respondents.
Headnote:Land Acquisition Act, 1894—Sections 4 and 6—Code of Civil Procedure, 1908—Section 11—U.P. Zamindari Abolition and Land Reforms Act, 1950—Sections 229-B, 117, 9, 6, 4 and 2(14)—Land consisting of three plots—Purchased by petitioners through registered sale-deed in 1953—In two of those plots Paper Mill was constructed but third plot was vacant—Part of this third plot was acquired under Land Acquisition Act—Remaining part of open land is in dispute—It was recorded “banzar” in revenue record—Petitioners filed suit for declaration of their rights over that part of land—It was finally decided in their favour—In that suit State Government, Municipal Board and Gaon Sabha were contesting parties—After finalisation of suit, they cannot claim any right—In the same suit other two plots were also included by contesting parties—Findings recorded on issue of ownership—Operate as res-judicata and cannot be agitated in writ petition even—High Court examining entire legal position allowed petition holding that petitioners claim of ownership has already been decided—As such, no interference be done by respondents in plots of petitioners. [Paras 35 to 39, 41 to 43 and 45 to 49]
Hon’ble Rajes Kumar, J.—By means of the present writ petition, the petitioners are claiming the following reliefs :
"(i) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar Palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3410 hectare, which was earlier acquired by the State Government by issuing notifications under Section 4 on 24.11.2005 and under Section 6 on 23.6.2006.
(ii) Issue an appropriate writ, order or direction in the nature of mandamus restraining the respondent authorities from interfering in the peaceful possession of the petitioners over Khewat/plot Nos. 2136 and 2149 situated within the jurisdiction of Nagar Palika Parishad, Pilakhua, Ghaziabad except the part of plot No. 2149 comprising area 3410 hectare.
(iii) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent authorities to identify and demarcate the area, which was covered under the Notifications issued under Section 4 of the Land Acquisition Act on 24.11.2005 and under Section 6 of the Land Acquisition Act on 23.6.2006 and thereafter proceed in accordance with law.
(iv) Issue any other suitable writ, order or direction, which this Honble Court may deem fit and property in the facts and circumstances of the case.
(v) Award the cost of the writ petition throughout to the petitioners against the respondents.
(vi) Issue a writ, order or direction in the nature of certiorari thereby calling the entire record of the proceedings and action taken by the respondents with regard to the demolition of the standing structure and unit of M/s Swatantra Bharat Paper Mills on the land under Khasra No. 2136, 2149 M and 2111/2 of village Pilakhua, Hapur and the profess of alleged resumption of the subject land and thereafter quash the impugned order of resumption No. 3980/231/07-08 dated 20.9.2008 passed by the Commissioner, Meerut Division, Meerut with respect to the resumption of land of the petitioner falling under Khasra No. 2136 and 2149 M under village Pilakhua within the Minicipal Limit Pilakhua.
(vii) Issue a writ, order or direction in the nature of mandamus thereby commanding the respondents to freeze all the amounts of the compensation/value of the land received in lieu of the said land under resumption and acquisition including the land of the petitioner and not to disburse the same till the disposal of the present writ petition.
(viii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents not to allow any activity on the subject land of the petitioner covered under the present writ petition and further to submit the inventory list of the assets removed under demolition and to account for the same."
2. Brief facts of the case giving rise to the present writ petition are as follows :
(1) The petitioner No. 1 private limited company incorporated under the Indian Companies Act, 1956 of which petitioner No. 2 is the Director (both the petitioners hereinafter called as "petitioners"). The petitioners are claiming the ownership and possession over plot Nos. 2136, 2149 and 2111 isituated at village Pilakhua, Hapur District Ghaziabad on the basis of the registered sale-deed dated 7.10.1953 which was duly executed, presented and finally registered on 14.10.1953, on which as per sale-deed, a paper mill was constructed by the vendors in the year, 1951 mainly on plot No. 2136 and 2149 and boundary wall and godown were constructed on plot No. 2111. Details of the standing structure, fitting and fixtures of machines are in the sale-deed which is Annexure-1 to the writ petition. The total area of the aforesaid plots were 8 Bighas and 11 Biswas.
(2) The sale-deed shows that vendors, namely, Lala Jagan Nath, Lala Amar Nath and Lala Magan Nath all sons of Late Lala Gokal Chand purch
