REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5374 OF 2005

State of Uttaranchal & Anr.

… Appellants

Vs

Sunil Kumar Vaish & Ors.

…Respondents

J U D G M E N T

K.S. RADHAKRISHNAN, J.

1.

We are, in this appeal, concerned with the

legality of the direction given by a Division Bench

of the High Court of Uttaranchal at Nainital to the

State Government to pay an amount of

Rs.70,99,951.50 with interest to the respondents,

placing reliance on an inter-departmental

communication sent by the District Magistrate,

Haridwar to the Secretary, Government of Uttar

Pradesh.

2.

The State of Uttaranchal (the State which

has interest now) submits that the above direction

was given overlooking several important and vital

documents which have considerable bearing for a

proper and just determination of the dispute.

Further, it was also pointed out that the High

Court had failed to notice that even the inter-

departmental communication was found to be improper

by the Government of Uttar Pradesh.

3.

Mr. S.S.Shamshery, learned counsel appearing

for the State of Uttaranchal referred to the

pleadings of the parties, documents produced and

submitted those relevant facts were not taken into

consideration by the High Court while granting

relief to the respondents causing serious prejudice

to the State.

4.

Mr. Rakesh Khanna, learned counsel appearing

for the respondents, submitted that there is no

legality in the order passed by the High Court

warranting interference by this Court and that no

substantial

questions

of

law

arise

for

consideration and the appeal deserves dismissal.

FACTS:

5.

Plot No. 1008 measuring 7 Bighas, 14 Biswas

situated at Rampur Colony, Roorkee, originally

belonged to the grand-father of the respondents

Late Ram Rattan Lal, was acquired for

rehabilitation of refugee camp at Roorkee and the

amount of compensation for the acquisition was paid

to Ram Rattan Lal on 13.3.1952. On 14.9.1962 Ram

Rattan Lal made a request to the Government to

lease out the said land for agricultural purposes.

Request was considered favourably by the Government

and a grant/lease deed was executed on 14.9.1962 in

favour of Ram Rattan Lal on certain terms and

conditions, which are extracted hereinbelow:

1.

In consideration of the sum of Rs.2742.00

(two thousand and seven hundred and forty two

only) paid by the Grantee to Grantor, the

receipt of which the Grantor hereby

acknowledges, and of the covenants on the

part of the Grantee hereinafter contained,

the Granter hereby demises to the Grantee.

All the land described in the Scheduled

hereto to hold the said land with only the

rights and obligations akin to a Bhumidhar as

defined in the U.P. Zamindari Abolition and

Land Reforms Act, 1950 or any statutory

notification thereof, subject to such

conditions, restrictions and limitations as

are imposed under this deed.

2.

The Grantee hereby covenants with the Grantor

as follows:-

(1) The Grantee shall use the land granted

to him only for the purposes of

cultivation and purposes incidental

thereto, and for no other purpose

whatsoever.

(2) The Grantee’s rights in the said land

shall be heritable but he shall not be

entitled to alienate the said land

without the previous permission in

writing of the Grantor.

(3) The Grantee shall pay the rent in

accordance with the hereditary rates

applicable and shall also pay taxes or

cesses that may be imposed on the said

land.

(4) In the event of any rent payable

hereunder, whether lawfully demanded or

not, remaining in arrears for months or

in the event of the Grantee not at any

time cultivating the said land for two

successive years, or if there shall be