- (1.) Feeling aggrieved by refusal of the learned Single Judge of Allahabad High Court to quash orders dated 24.5.1993 and 30.5.2001 passed by Collector, Pilibhit (for short, 'the Collector') and Additional Commissioner (Administration), Bareilly (for short, 'the Additional Commissioner') respectively under the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Act'), declaring that 27.95 acres land purchased by the appellant in Shahi and Khamaria Pul villages of District Pilibhit shall vest in the State Government, the appellant has filed this appeal.
(2.) The appellant is a company incorporated under Section 149(3) of the Companies Act, 1956. In 1991, the appellant decided to set up agro based paper projects in the State of U.P. By resolution dated 14.10.1991, the Board of Directors of the appellant authorised Shri Kamal Oswal (Director), Shri T.R. Sharma (General Manager) and Shri Jai Prakash Kaushal (Authorised Signatory) to negotiate and finalise purchase of land in the State of Uttar Pradesh and/or other States and Union Territories, to sign sale deeds etc. for effective acquisition/transfer of land. Paragraphs (e) and (f) of that resolution read as under: "To sign for and on behalf of the company all sales deeds conveyance deeds, Intkals, Mutations and other documents necessary for the effective acquisition/transfer of the land in the name of the company and for this purpose to appear for and on behalf of the company before any court of law, Tehsildar, Naib Tehsildar, Patwari, Registrar, Sub Registrar of any other land transferring authority. And to do all other acts, things and deeds for and on behalf of the company which any of the above noted persons in the discharge of their lawful duties consider proper and in the best interest of the company."
(3.) Soon thereafter, an application dated 24.10.1991 was submitted on behalf of the appellant to Joint Director of Industries, Bareilly Zone, Bareilly for grant of permission under Section 154(2) of the Act for purchase of land in excess of 12.5 acres. The relevant portions of that application are extracted below: "Our Company is proposing to set up a 100 TPD (Gross) Agro based paper project in area adjoining villages of Shahi Kamariapul, Adhkata Nazrana. For this project we require about 200 Acres of land out of which about 50 Acres shall be in Pilibhit District and about 150 Acres in Nawabganj Tehsil of Bareilly District. The proposed paper project shall utilise Agricultural wastes such as wheat Straw, Rice Straw and Bagasse etc. as the main raw materials. The project shall generate direct employment opportunities for about 750 persons and for many more indirectly. The project shall be of special benefit to the people living in the areas near the site. We through this letter are applying to your office for the permission under section 154 of ZALR Act for purchase of land in excess of 12.5 Acres for industrial purpose. We are enclosing two additional copies of this letter. We are also enclosing the site plan, recommendations of Technical Consultants for your ready reference. We shall be pleased to furnish any other information required by you in this connection. We wish to bring to your kind notice that we plan to start the purchase of land for this project from next month i.e. Nov. 1991.";