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2023 Supreme(Online)(SC) 13983
Surya Kant, J.K. Maheshwari, JJ
State of Uttarakhand and Anr. – Appellant
Versus
Ravi Kumar (Deceased) through LRs and others – Respondent
Civil Appeal No. 4983 of 2009 | Civil Appeal No. 4988 of 2009 | Civil Appeal No. 4984 of 2009 | Civil Appeal No. 4985 of 2009 | Contempt Petition (Civil) No. 165-168 of 2007
For the Appellants/Petitioners: Atul Sharma
For the Respondents: Harin P. Ravel
The court emphasized the necessity of thorough examination of factual and legal basis concerning ownership rights under tenancy laws, ultimately remanding the case for proper scrutiny of the relevant records.
Headnote:(A) Government Grants Act, 1895 - UP Public Premises (Eviction of Unauthorised Occupants) Act, 1972 - UP Zamindari Abolition and Land Reforms Act, 1950 - Tenancy Rights - Question of ownership of land arising from conflicting claims—The Respondents claimed ownership as Bhumidhar based on revenue entries and prior approval under the 1924 lease deed. The Appellants argued for state ownership post-lease expiry citing lack of renewal and approval. The court found ambiguities in land records and ineffective assessments in previous determinations regarding tenancy rights, resulting in remand for reassessment. (Par 57-62)
(B) Tenancy Rights - The court analyzed conditions and implications of leasehold versus ownership claims, and the necessity of valid procedural compliance for tenant rights - It ruled that previous authorities may have acted without full factual clarity or appropriate record scrutiny. (Par 50-56)
Facts of the case:
Multiple appeals contested regarding the land ownership, based on a 1924 lease deed and subsequent mutation proceedings. Respondents asserted their rights based on longstanding revenue entries, while the Appellants contended that these were invalid due to non-compliance with prior approval conditions.
Findings of Court:
The previous High Court judgments were set aside, ordering a fresh review to clarify factual bases for claims of ownership and correct statutory application.
Issues: The main questions involved validity and authority in determining land ownership post-lease, procedural adherence in government's actions, and the nature of claims based on tenancy laws.
Ratio Decidendi: The court concluded that factual inconsistencies and inadequate examination of tenure statuses necessitating remand for detailed adjudication in light of applicable laws and original records.
Result: Appeals allowed in part; matters remanded for fresh adjudication.
JUDGEMENT
Surya Kant, J. 1. The core question that arises for our consideration in the present set of connected matters pertains to the ownership of land measuring 183 bigha 8 biswa which is equivalent to 28.56 acres of land, bearing Khasra Nos. 2, 3/1, 3/2, 4 to 28/1, 28/2, to 49 and situated in Village Haripur, Tehsil Haldwani, District Nainital (hereinafter, ‘Suit Land’). Civil Appeal No. 4983 of 2009 ETC. ETC. Page 3 of 67
| Rs. 8 per square feet along with solatium and applicable statutory benefits to Respondents. |
A. FACTS A.1 THE COMMON FACTS: 1924 SALE DEED, 1967 EVICTION SUIT AND 1978 MUTATION PROCEEDINGS 3. The genesis of these disputes began on 20.06.1924, when one Mr. John Vaughn, son of Mr. Charles Vaughn obtained a lease of the Suit Land (hereinafter, ‘1924 Lease Deed’) from the erstwhile colonial rulers through the Secretary of State for India in Council for thirty years on payment of rent as agreed between the parties. The lease was also extendable for another thirty years and was subject to certain conditions, which are reproduced as follows: -
- “X-X-X-X (a) The lessee to pay the first period of thirty years the yearly rental of No.183- 6-4 clear of all deductions on the first Civil Appeal No. 4983 of 2009 ETC. ETC. Page 4 of 67 day of March in each year at the Haldwani Tehsil or at such other place as the Deputy Commissioner of Nainital shall form time to time appoint in this behalf and also from time to time and at all times during the continuance of the said lease pay and discharge all rates, taxes, charges and assessment of every description which are now or may at any time hereafter during the said lease be assessed, charged or imposed upon the land hereby demised. (b) Lessee agree that the said plot of land will be used for residential purposes, for poultry farming for orchards and for vegetable cultivation only. (c) The lessee agrees that he will submit the plan of any building which he wish to erect or of any existing building which he has to modify to the Deputy Commissioner of Nainital for approval before starting building operations, that he will complete the sanctioned building within two years of the receipt of approval and that he will keep every building erected by him and also the Government buildings standing on the said plot of land and shown on the plan annexed in good and substantial repair and condition both externally and internally. (d) The lessee agrees that he shall not claim the benefits which agricultural tenant and lessees are given in the Tarai and Bhaber estates. Civil Appeal No. 4983 of 2009 ETC. ETC. Page 5 of 67 (e) The lessee agrees that he will not transfer or sublet said plot of land without the written approval of the Deputy Commissioner of Nainital. (f) The lessee agrees that he shall be responsible for the observance of Estate rules in force now or at any time hereafter regarding sanitation, reporting cattle disease etc. (g) The lessee agrees that he shall have no right to any minerals in the aid plot of land. (h) The lessee further agrees that if he dies heirless before the expiry of lease as also on the expiry of lease, the land hereby demised and all buildings standing on the land shall revert to the lesser without compensation. (i) The lessee shall have the right to erect masonry wall not exceeding 4.5 feet in height or a wire fence along the boundary of the said land hereby demised. (j) The lessee shall have the use of a share of the water when available for irrigation purposes fro
