- (1.) P .C. Verma, J. This writ petition was remanded by the Hon'ble Apex Court vide order dated 03.092004 passed in Civil Appeal No. 5708 of 2004 airing out of SLP NO. 21317 of 2003 directing the High Court to consider the matter on merits after hearing the parties at length.
(2.) THIS writ petition is directed against the illegal attempt of the State Government to evict the petitioners from the premises in question held by the petitioners as owners of the land and also direct the respondents to carry out the public duty and restore the status quo ante and to remove the Board affixed at the property of the petitioners. The case of the petitioners is that the petitioner's company is a private limited company having its registered office at Sahibabad, District Ghaziabad. The second petitioner is a shareholder, Debenture holder and Debenture Trustees of the first petitioner. The first petitioner has been in possession for the last more than 50 years of land measuring 64 acres in Sahibabad District Ghaziabad with a total constructed area of over 2,50,000 sqr. Ft. The said land had been given by the Government by way of formal transfer to the petitioner and the petitioner has been in continuous possession of this land since the year 1941. The purpose for which this land was given was for the construction and establishment of Glass Wool and Ceramic Factory. On 8.7.1940, a declaration was made by the Secretary to Government of United Provinces under Sections 6 and 37 of the Land Acquisition Act (hereinafter referred to as the Act) which was published in the Gazette on 13.7.1940 proposing to acquire certain plots of the land in the then District Meerut (since then the District of Ghaziabad). The purpose of acquisition of the said plots was for construction of Glass wares and other factories by Messers Malco Limited, Delhi. Two draft agreements were entered into on behalf of Government of United Provinces and Messers Malco Limited on 20.3.1941 under Section 41 of the Act. It was provided in the notification that the entire compensation for the acquisition of the land had to be paid by Messers Malco Limited and that the Government conveys and grants to Messers Malco Ltd land free from all encumbrances and occupancy rights. It w as to vest forever. The land was to be used by Malco Ltd for the purpose indicated above which had to be completed within a period of three years. The entire compensation for acquisition was paid by Malco Ltd. to the Government of UP which was transferred to the land holders. Thus Messers Malco Ltd became the absolute owners of the land having paid the compensation for the acquisition. The only restriction placed on them was to utilize the land for the purpose indicated in the notification within the stipulated period.
(3.) THEREAFTER , the name of Messers Malco Ltd was changed to Capital Glass Works on 12.12.1944. It appears that the formal deed of transfer could not be executed between the Provincial Government of UP and the Capital Glass Works (previously Malco Ltd) as the purpose for which the land was acquired could not be completed despite extension of time granted by the Government till March 1950. On 1.6.1949 M/s Capital Glass Works Ltd. sold the land acquired and the building etc constructed thereon to M/s Delhi Glass Works Ltd. for a total consideration of Rs. 7.50 lakhs. On 1.11.1950, a formal agreement was executed between the State of UP and Delhi Glass Works Ltd. It is further submitted that this deed of transfer dated 1.11.1950 was a ratification of the sale deed dated 1.6.1940. Delhi Glass Works Ltd completed the purpose for which the land was acquired and set up a Glass Hallow Ware Factory and started production and sale of the said items from the Year 1950.;