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P. C. VERMA AND B. C. KANDPAL, JJ.
State of U.P. and Anr.
Versus
R. B. Narain Singh Sugar Mills Ltd. and Anr.
F.A. No. 15 of 2002
Decided on : 15 -5 -2007
U.P.Z.A. and L.R. Act - Disputed Property - Sections 4, 6, 9, 117 - The disputed land was in exclusive possession of the Sugar Factory, some of the land was purchased/transferred/handed over to the Mill and the land appurtenant to the Factory land had already vested in the mill on the date of vesting. The suits were not barred by the provisions of Section 331 of the U.P.Z.A. and L.R. Act and Sections 34, 38 and 41 of Specific Relief Act. The suits were maintainable as Notice 80 C.P.C. and 106 Panchayat Raj Act were served on the defendants. The appeals were dismissed and the impugned judgments and decrees passed by the Courts below were upheld.
Fact of the Case:
The disputed property involved in both the above appeals belongs to the same and the one Sugar Factory at one site and similar controversies are involved in these cases, hence both the appeals have been heard together and are being decided by this common judgment. F.A. No. 15/2002, arise out of the judgment and decree dated 13-12-2001, passed by Civil Judge (Senior Division), Haridwar in O.S. No. 4 of 1992, R. B. Narain Singh v. State of U.P. and others, whereby the suit of the plaintiff/respondent was decreed for permanent injunction prohibiting the defendants/appellants not to interfere and evict the plaintiff from the peaceful possession of the suit property. F.A. No.9/2003 has been preferred against the judgment and decree dated 4-1-2003, passed by District Judge, Haridwar, in O.S. No. 03/1992, whereby the suit of the plaintiff/respondents for permanent prohibitory injunction was decreed against the defendant/appellants. The relevant facts, in brief, are that the plaintiff/respondent R. B. Narain Singh Sugar Mills Ltd. is a Company incorporated under the Indian Companies Act, 1913 now 1956, which was established in the year 1932-33 at Baraut, District Meerut (hereinafter referred as 'the Mill'). The Mill worked there till 1938-39 and it was shifted to and established at its present site at Laksar, District Haridwar in 1939. The Mill purchased land at the site and is in exclusive possession over there.
Finding of the Court:
The disputed land was in exclusive possession of the Sugar Factory, some of the land was purchased/transferred/handed over to the Mill and the land appurtenant to the Factory land had already vested in the mill on the date of vesting. The suits were not barred by the provisions of Section 331 of the U.P.Z.A. and L.R. Act and Sections 34, 38 and 41 of Specific Relief Act. The suits were maintainable as Notice 80 C.P.C. and 106 Panchayat Raj Act were served on the defendants. The appeals were dismissed and the impugned judgments and decrees passed by the Courts below were upheld.
Issues: The main question in the present matter is as to whether the disputed land by operation of U.P.Z.A. and L.R. Act, 1951, has vested in Government and the Government has handed over the same to the Gaon Sabha Simli or the land had already vested in the Sugar Mill on the date of vesting.
Ratio Decidendi: The disputed land was in exclusive possession of the Sugar Factory, some of the land was purchased/transferred/handed over to the Mill and the land appurtenant to the Factory land had already vested in the mill on the date of vesting. The suits were not barred by the provisions of Section 331 of the U.P.Z.A. and L.R. Act and Sections 34, 38 and 41 of Specific Relief Act. The suits were maintainable as Notice 80 C.P.C. and 106 Panchayat Raj Act were served on the defendants.
Final Decision: Both the appeals were dismissed and the impugned judgments and decrees passed by the Courts below were upheld.
2. F.A. No. 15/2002, arise out of the judgment and decree dated 13-12-2001, passed by Civil Judge (Senior Division), Haridwar in O.S. No. 4 of 1992, R. B. Narain Singh v. State of U.P. and others, whereby the suit of the plaintiff/respondent was decreed for permanent injunction prohibiting the defendants/appellants not to interfere and evict the plaintiff from the peaceful possession of the suit property.
3. F.A. No.9/2003 has been preferred against the judgment and decree dated 4-1-2003, passed by District Judge, Haridwar, in O.S. No. 03/1992, whereby the suit of the plaintiff/respondents for permanent prohibitory injunction was decreed against the defendant/appellants.
4. The relevant facts, in brief, are that the plaintiff/respondent R. B. Narain Singh Sugar Mills Ltd. is a Company incorporated under the Indian Companies Act, 1913 now 1956, which was established in the year 1932-33 at Baraut, District Meerut (hereinafter referred as 'the Mill'). The Mill worked there till 1938-39 and it was shifted to and established at its present site at Laksar, District Haridwar in 1939. The Mill purchased land at the site and is in exclusive possession over there. In the year 1989 Laksar was notified a Town Area and the limits of Town Area were expanded covering the area of some adjoining villages including Simli and Khera. It was also alleged that Lord Krishna Sugar Mill also sold properties to the plaintiffs. Before the declaration of Town Area the disputed land had already vested in plaintiffs on the date of vesting by virtue of provisions of Section 9 of U.P.Z.A. and L.R. Act. Due to the ignorance of plaintiffs the Courts could not be moved for mutation in the year 1939. Thereafter, there were certain disputes with some persons about the properties and survey and inspections were made and it was detected that the name of plaintiff was not in the revenue records properly therefore in 1958 application for correction of records was moved. The application was allowed and the name of the plaintiff was entered in the register Malikan and Khasra Khautanis. In 1987 the Town Area filed Suit No. 50 of 1987 in the Court of Assistant Collector, Ist Class, Haridwar on wrong allegations with regard to the disputed property. The said suit is still pending in revision No. 5 of 1988-89 before the Board of Revenue and the proceedings of Court below are stayed. Thereafter Haridwar was declared as District and Laksar was declared as one of the Tehsils. S.D.O. Laksar passed order dated 21-8-90 expunging the name of the plaintiff from the revenue record about the disputed property without issuing any notice to the plaintiffs and the said order was mutated in the name of Gram Sabha Simli. Against this order revision was preferred before the Additional Commissioner, Meerut who stayed the operation of the order dated 21-8-90 and the knowledge of the same was to the defendants.
5. The plaintiff-Mill preferred suit Nos. 3 of 1992 and 4 of 1992 before Civil Judge, Haridwar for the decree of permanent injunction against the defendants directing the defendants not to make any type of interference in the possession of the properties belonging to the plaintiffs given at the foot of the plaints either by dispossessing the plaintiffs or by making any construction over the properties or by acquiring or getting the property acquired or by claiming possessory title or otherwise title in any way directly or indirectly whatsoever.
6. The defendants State of U.P. and the Town Area filed joint written statement in both the suits and mainly pleaded that the disputed land comes within the definition of agricultural land and the suits are barred by the provisions of Section 331 of Act No. 51 and Sections 34,
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