HINDALCO INDUSTRIES LTD Vs. STATE OF UP

JUDGEMENT

(1.) These writ petitions are against the orders passed under chapter II of the UP Municipalities Act, 1916 (the Act) delimiting the wards of Nagar Panchayat, Renukoot, district Sonebhadra (Nagar Panchayat, Renukoot).

(2.) Hindalco Industries Limited (the petitioner) is a registered limited company. It had requested the State Government to transfer some forest land situate in erstwhile Mirzapur district (now part of Sonebhadra district) in its favour for establishing its factory. The State Government by three different GOs dated 10.3.1960, 24.10.1960 and 15.7.1971 passed orders transferring certain forest land to the Petitioner. In pursuance of these GOs, two different transfer deeds were executed. One is dated 9.9.1962 for 771 acres of land and the other is dated 29.1.1985 for 322.35 acres of land. The factory has been established and is manufacturing Aluminium and its products.

(3.) A dispute arose under the Forest Act between the forest department and the petitioner regarding boundaries of the land transferred to the petitioner by the aforesaid two sale deeds. The Forest Settlement Officer, Mirzapur passed an order on 21.2.1987 settling the boundaries of this land. An appeal was filed against this order, which was dismissed on 24.2.1988. Thereafter the review application was also dismissed on 4.3.1989. Then the Divisional Forest Officer, Renukoot division Sonebhadra and the State of UP filed writ petition no. 21164 of 1989 against these orders. During pendency of the aforementioned writ petition, the parties settled their dispute amicably in the following manner: A joint survey map was prepared by them (the agreed map); It was signed by the Divisional Forest Officer, Renukoot, Forest Officer, Renukoot and Senior Vice President of the petitioner;