UTTARAKHAND JANTA SANGHARSH MORCHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this Public Interest Litigation, in the form of a writ petition, the Petitioner has complained of sinister mode adopted by the State in permitting a limited liability Company to deal with land belonging to the people of the State.

(2.) The facts of the case, as have come on record, are that on 21st July, 1960, Ministry of Commerce and Industry, Government of India, granted a license to M/s Nowrosjee Wadia & Sons Pvt. Ltd. to manufacture 3,025 tons of Calcium Carbonate per annum. By an amendment dated 8th December, 1960, the said license permitted establishment of the factory at Rishikesh in the district of Dehradun. M/s Nowrosjee Wadia & Sons Pvt. Ltd. promoted Sturdia Chemicals Ltd. (hereinafter referred to as "Sturdia") for the purpose of establishing a factory to take advantage of the said license. Thereupon, a site was selected for establishment of the factory. The land of the site ostensively belonged to Sri Shanti Prapan Sharma, M.L.A., Dehradun, and his younger brother Lalit Mohan Sharma. M/s Nowrosjee Wadia & Sons Pvt. Ltd. entered into two agreements; one with Shanti Prapan Sharma and the other with Lalit Mohan Sharma, both dated 29th July, 1960, and thereby, agreed to purchase 34.98 acres of land at Rs. 2,000/- per acre and 15 acres of land at Rs. 1,750/- per acre. Though the said land was claimed by the vendors as Bhumidhari land, sale thereof, pursuant to the said agreements, could not be effected. Accordingly, M/s Nowrosjee Wadia & Sons Pvt. Ltd. applied for acquisition of the said land.

(3.) Subsequent thereto, on 19th June, 1961, an agreement was entered into between the Governor of Uttar Pradesh and Sturdia. The agreement made it clear that Sturdia will pay to the State Government, all such sums of moneys as shall be awarded under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the "1894 Act"), as compensation, to pay any person or persons, who may be found, on inquiry held under the provisions thereof, to be interested in the said land. By the said agreement, Sturdia agreed to pay, to the State Government, compensation on account of the rights of intermediary (if any), which shall vest in the State Government in pursuance of the provisions of the said Act. The agreement recorded satisfaction of the State Government that the acquisition of the land is needed for the construction of the work, viz., Calcium Carbonate Factory of the Company with its attendant buildings, godowns, stock-yard etc. and dwelling houses for the workmen employed by the Company and the members of its staff and amenities directly connected therewith and that such work is likely to prove useful to the public. The agreement provided, amongst others, as follows: