RAM CHANDRA SINGH AND ANR. Vs. THE ADDITIONAL COMMISSIONER AND ANR.

JUDGEMENT

(1.) THIS and the connected writ petitions are directed against the same order dated 28 -2 -1966. They raise common questions and can be conveniently decided by a common judgment.

(2.) M /s. Modi Spinning and Weaving Mills Co. Ltd., Respondent No. 2, moved an application dated 5 -2 -1965 before the Commissioner, Meerut Division, Meerut. The application was headed Under Section 6 of the Urban Areas Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act). It was stated that the Mills had prior to 1 -7 -1956 held the mentioned plots on a lease and that those plots constituted an agricultural area as defined by Section 2 of the Act. In proceedings for demarcation of the Agricultural areas the aforesaid plots were left out. It prayed that the omission be rectified and effect be given to the provisions of law according to which the areas mentioned are agricultural areas. The matter seems to have been transferred to the Additional Commissioner, who called for a report from the Demarcation Officer, Ghaziabad. Ultimately by the impugned order dated 28 -2 -1966, the Additional Commissioner, the first Respondent, held that the plots constituted agricultural area as defined in the Act and they ought to have been demarcated. He observed that the Demarcation Officer ought to have made enquiries Under Rule 8 in respect of the land in question which was held on lease duly executed prior to 1 -7 -1956 and an entry to that effect ought to have been made in the remarks column of the khasra. He ultimately held that failure to do so is clearly an accidental omission and must be cured Under Section 6 of the Act.

(3.) THE last point taken is that the document relied upon by the Mills as a lease, is in fact and in law only a license and as such the plots of land covered by it do not constitute Agricultural Area as defined by the Act.