MUNICIPAL BOARD GHAZIABAD Vs. SETH JAI PRAKASH

JUDGEMENT

(1.) THESE appeals have been filed by the Municipal Board Ghaziabad and by the State of U. P. against the judgment of a learned Single Judge al lowing the writ petition filed by respondent No. 1. By his judgment the learned Single Judge has held that the land in dispute had not vested in the State Government under the U. P. Zamindari Abolition and Land Reforms Act and that consequently the State Government could not have by a noti fication issued under Section 117-A of the Act vested it in the Municipal Board, Ghazia bad.

(2.) IT appears that some land includ ing plot No. 582 of village Bhojna, Pergana Loni, Ghaziabad, district Meerut, was ac quired for the North Western Railway. Some of the land acquired was found to be surplus to the requirements of the Railway and was sold by auction on March 15, 1943, through the Land Acquisition officer, Gha ziabad. Sri Mukand Lal, father of Seth Jai Prakash who had filed the writ petition, purchased an area of 48.13 acres including plot No. 582. Since the purchase of plot No. 582 it was used by Sri Mukand Lal and after him by his son for running a brick kiln. Shri Mukand Lal died on October 14, 1952. In November, 1954, Seth Jai Prakash leased out plot No. 582 to Sri Nand Kishore on a rental of Rs. 800.00 per annum. Sri Nand Kishore also used the land for running the brick kiln. After the death of Sri Nand Kishore in or about 1958, his son Sri Shanti Swarup succeeded him and became the lessee.

(3.) THE learned single Judge held:-