STATE OF U P Vs. RAMGARH FARMS LTD

JUDGEMENT

(1.) Both these special appeals have been filed against the judgment and order dated 17.2,2000 passed by the learned single Judge of this court in Civil Misc. Writ Petition No, 25084 of 1998 whereby the learned single Judge had directed the authorities to correct the revenue records and deliver the possession according to the decision given by this Court in the matter of the petitioner within a month and also to pay compensation to the petitioner within three months from the date of production of the certified copy of the order. While the State of U. P. through the Collector, Bijnor and the Prescribed Authority (Ceiling)/ Additional District Magistrate (F&R) Bijnor are the two appellants before us in Special Appeal No. 545 of 2000, the State of Uttar Pradesh through the Principal Chief Conservator of Forest U. P., Lucknow is the appellant in Special Appeal No. 550 of 2000. Since both the appeals have arisen out of the same judgment and order dated 17.2.2000 passed by the learned single Judge, both the appeals have been heard together and are being decided by a common judgment.

(2.) Briefly stated the facts giving rise to the present appeals are as follows : The respondent writ petitioner namely Ramgarh Farms and Industries Ltd. which is a public limited company incorporated under the Companies Act having its registered office at 22, Chitranjan Avenue, Kolkata in the State of West Bengal, (hereinafter referred to as the Company) claims itself to be the bhumidhar of a vast track of land in Tehsil Nagina District Bijnor. Proceedings under the provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "the Ceiling Act") was initiated and after considering the objections filed by the Company, the Prescribed Authority vide order dated 31.5.1962 declared an area of 8446-3-0 bighas or 5466 acres of land as surplus. On an application moved by the Collector, Bijnor seeking review of the said order, the Prescribed Authority vide order dated 30.7.1976 set aside its earlier order dated 31.5.1962 and declared the company to be not entitled for any compensation. He directed for issuance of a fresh notice in respect of two villages namely Madpuri and Dholkhand. The order dated 30.7.1976 was challenged in appeal filed under Section 10 of the Ceiling Act. The learned IInd Additional District and Sessions Judge, Bijnor vide Judgment and order dated 2.9.1977 dismissed the appeal as not maintainable, whereupon the company challenged the aforementioned orders before this Court by filing Civil Misc. Writ Petition No. 5191 of 1977 which was allowed vide Judgment and order dated 5.7.1982 and the orders impugned in the said writ petition were quashed. It appears that against the judgment and order dated 5.7.1982 passed by this Court, the State of U. P. and other affected parties filed a Special Leave Petition before the Hon'ble Supreme Court which was subsequently converted into Civil Appeal No. 3047 of 1983. However, the said appeal was dismissed vide order dated 15.1.1996 for want of prosecution. In the meantime it appears that consequent upon the amendment in the Ceiling Act by U. P. Act No. 18 of 1973, which reduced the extent of land holding by a person to 7.30 hectares of irrigated land, i.e., 18 acres and withdrawal of certain exemptions, fresh notice was issued to the company and vide order dated 29.11.1976 the Prescribed Authority after excluding the 18 acres irrigated land declared 1067.53 acres of land as surplus in villages Madpuri and Dholkhand. This order has become final between the parties as it has not been challenged in appeal or in any other forum. However, the stand taken by the learned counsel for the company is that the aforesaid order dated 29.11.1976 is only consequential to the order dated 30.7.1976 which has already been set aside by this Court in Civil Misc. Writ Petition No. 5191 of 1977 decided on 5.7.1982 and thus, there was no necessity to challenge the said order. So far as the land held by the company in other villages is concerned the same has been declared to be a Reserved Forest Area under the provisions of Indian Forest Act, 1927 (hereinafter referred to as "the Forest Act"). A notification was issued on 16th February, 1966 under Section 4 (1) (a) of the Forest Act by the State Government declaring its intention to constitute the land shown in the schedule given in the said notification as Reserved Forest which included the land claimed by the company. Subsequently after considering the objections, the State Government issued a Notification dated 27.7.1970 under Section 20 of the Forest Act declaring the land mentioned in the schedule to the said notification as Reserved Forest Area. The land of the company had been included therein. Both these notifications Issued under Section 4 and Section 20 of the Indian Forest Act has become final as the company had not challenged the same in any court of law.

(3.) It appears that after the dismissal of the civil appeal by the Hon'ble Supreme Court, the company requested the district authorities to make necessary entries in the revenue records and to pay compensation in accordance with the order dated 31.5.1962. When nothing was done, it approached this Court by filing Civil Misc. Writ Petition No. 25084 of 1998 which had been finally disposed of by a learned single Judge by a judgment and order dated 17.2.2000. The said judgment and order passed by the learned single Judge is under challenge in the present special appeals.