G. C. MATHUR, J. :- These are two appeals by the State Government against two judgments of a learned Single Judge, allowing two writ petitions. Since the point involved in the two cases is the same, it is convenient to disipose them of by a common judgment.

2. An agreement dated October 11, 1905, was entered into by the Government of the United Provinces of Agra and Oudh and the firm of Martin and Co. Under this agreement, provisions were made for the grant of a concession of the right to construct and work what has subsequently come to be known as Shahdara-Saharanpur Light Railway. Under one of the terms of the agreement, the Government agreed to provide free of charge sufficient land for purposes of the Railway. It appears that land was acquired by the Government and was handed over to the Railway. Ever since this Light Railway has been operating between Shahdara (Delhi) and Saharanpur. Though, in the beginning, Shahdara was a part of the United Provinces, later it was included in Delhi.

3. By a special resolution dated December 10,1970, the S. S. Light Railway Co. decided to go into voluntary liquidation and a voluntary liquidator was appointed. On March 18,1971, an agree