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2009 DIGILAW 826 (SC)

Garg Woollen Private Limited v. State of Uttar Pradesh

2009-04-15

B.N.AGRAWAL, G.S.SINGHVI, H.L.DATTU

body2009
ORDER : Heard learned counsel for the parties. These appeals are directed against orders dated 9.9.1997, Garg Woollen (P) Ltd. v. State of U.P., CMPW No. 2500 of 1988 (Writ C), vide which the Division Bench of the Allahabad High Court dismissed the writ petitions filed by the appellants for quashing the notifications issued by the State Government for acquisition of their land. 2. When the special leave petitions, out of which these appeals arise, were listed for admission hearing learned counsel appearing on behalf of the appellants stated that their clients are willing to take the acquired land on which the structures stand on lease on reasonable rent. In view of the statements of the learned counsel, notice was issued to the respondents on 20.3.1998 and orders Garg Woollen (P) Ltd. v. State of U.P., SLP(C) No. 967 of 1998, of status quo regarding possession were passed. 3. On behalf of the Uttar Pradesh State Industrial Development Corporation [for short, "the Corporation"], its Regional Manager, Shri S.K. Srivastava has filed identical counter affidavits, paragraphs 4 and 5 of which read thus: "4. That after 3.1.1987, the rate of premium of the various plots, carved out of land, acquired under the notification were allotted to the various industrialists, was Rs. 120/- per square metre. 5. That in the circumstances the corporation is entitled to the following amount, should this Hon'ble Court came for the conclusion that the plots should be allotted to the petitioner:- TABLE 1.# The rate of premium for allotment of plot# Rs. 120/- per square metre 2.# Interest on the aforesaid amount# simple interest @ of 18% per annum w.e.f. 3-1-1987. 3.# Lease rent# @ Rs. 250/- per hectare per year which is subject to upward revision @ Rs. 320 after 30 years and Rs. 620/- after 60 years." TABLE END 4. Learned counsel for the appellants stated that their clients are agreeable to accept the allotments at the rates specified in the above reproduced paragraphs 4 and 5 of the counter affidavits. They, however, made a request that nine months' time may be allowed to their clients for making payment of the entire amount. In our view, the prayer made on behalf of the appellants is reasonable and merits acceptance. They, however, made a request that nine months' time may be allowed to their clients for making payment of the entire amount. In our view, the prayer made on behalf of the appellants is reasonable and merits acceptance. Accordingly, the appellants are allowed nine months' time from today for making payment in terms of paragraphs 4 and 5 of the counter affidavit subject to their filing undertaking to this effect within four weeks from today. 5. The civil appeals are, accordingly, disposed of. It is made clear that in case within the aforesaid period of nine months payment is not made by the appellants, the appeals shall stand dismissed without further reference to the court and the respondents shall be entitled to take possession of the land from the appellants forthwith.