STATE OF UTTARANCHAL Vs. GOLDEN FOREST CO P LTD
LAWS(SC)-2011-4-75
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on April 11,2011

STATE OF UTTARANCHAL Appellant
VERSUS
GOLDEN FOREST CO. (P) LTD. Respondents

JUDGEMENT

G.S. Singhvi, J. - (1.) Leave granted.
(2.) The only question which arises for consideration in these appeals is whether the Board of Revenue, U.P. could hear and decide the revisions filed by the Appellant after creation of the State of Uttaranchal (renamed as Uttrakhand) by the Uttar Pradesh Reorganization Act, 2000 (for short "the Reorganization Act").
(3.) One Sanjay Ghai had purchased bhumidhari land from various tenure holders in the name of Golden Forest India Limited and its sister concerns, namely, Indian Peace Foundation Trust, Mani Majra, Chandigarh, Golden Forest India Limited, Golden Agro Forest Limited and Golden Forest Distributors Limited. Tehsildar, Dehradun, submitted report dated 12.08.1997 to Assistant Collector 1st Class-cum-Sub Divisional Magistrate (for short "the Assistant Collector") with the finding that the purchases made in the name of the Respondents were violative of the restriction contained in Section 154(1) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short "the Act"). He suggested that action may be initiated against them under Sections 166/167 of the Act and land in excess of the ceiling may be declared to have vested in the State Government. The Assistant Collector issued notice to the Respondents, gave them opportunity of hearing and passed order dated 21.08.1997 whereby he held that the disputed transactions were ultra vires the provisions contained in Section 154(1) of the Act and forwarded the matter to Collector, Dehradun for taking action under Section 167(2) of the Act.;


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