- (1.) Leave granted. These appeals arise out of a judgment and Order dated 30th April, 2010 passed by the Lucknow Bench of the High Court of Judicature at Allahabad, whereby writ petition No. 187 of 2007 filed by the Respondent-company has been allowed with a direction to Respondents 4 to 6 to delete the name of the Appellant-U.P. State Sugar Corporation from the relevant revenue records and restore that of the Respondent-Company. That direction followed a finding recorded by the High Court that the land in dispute being agricultural land had not vested in the Appellant-Corporation under the provisions of The U.P. Sugar Undertakings (Acquisition) Act, 1971. The mandamus issued by the High Court includes a further direction for delivery of possession of the disputed parcel of land to the Respondent-company within a period of one month from the date of presentation of a certified copy of the impugned judgment and order.
(2.) The Respondent-Lakshmi Sugar and Oil Mills Limited established a sugar factory in District Hardoi of the State of Uttar Pradesh as early as in the year 1933. Several such sugar mills having gone sick in the State of Uttar Pradesh, the State legislature enacted what is known as Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971. Twelve private sugar manufacturing units in the State of Uttar Pradesh were acquired by the State Government under the said Act and vested in the Appellant-Corporation so as to revive such sick mills and, thereby, protect the interest of cane growers in the State. Section 3 of the Act, inter alia, provided that "on the appointed day, every scheduled undertaking shall, by virtue of this Act, stand and be deemed to have stood transferred and vested in the Corporation free from any debt, mortgage charge or other encumbrance or lien, trust or similar obligation (excepting any, lien or other obligation in respect of any advance on the security of any sugar stock or other stock in trade) attaching to the undertaking." The expression "scheduled undertaking" was defined in Section 2(h) of the Act, inter alia, to mean an undertaking engaged in the manufacture or production of sugar by means of vacuum pans and with the aid of mechanical power in a factory specified in any of the Schedules to the Act and comprising plants, machinery and other equipments and assets enumerated thereunder.
(3.) The Respondent-sugar factory, it is common ground, figured at Item-7 of the Second Schedule to the Act and, therefore, stood vested in the Appellant-Corporation with effect from 28th October, 1984, the date appointed for vesting of undertakings specified in the said schedule in terms of notification dated 27th October, 1984. Possession of the Respondent-Sugar Mill was taken over by District Magistrate, Hardoi on 28th October, 1984 and handed over to the Appellant-Corporation.;