Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Undertaking Lands and Buildings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | UTTAR PRADESH SUGAR UNDERTAKINGS 8 (ACQUISITION) ACT, 1971:ss.2(h)(vi) and 3 - 'Scheduled underlaking' - Acquisition of Sugar Undertaking - 'Lands' and Buildings' - Suit for ยท declaration that certain properties were not covered by expression 'Scheduled underlaking' - Held: As regards lands, burden is on the Company to establish that lands or any specified parl of it were held or occupied for the purpose of cultivation or it was grove land - In respect of buildings, the burden is on the Corporation to establish that the buildings were held or occupied for purpose of factory - Shops constructed out of the funds of the Sugar Underlaking after its acquisition, were covered by definition of 'scheduled undertaking' - Evidence - Burden of proof - Sugar Underlaking (Taking over of Management) Act, 1978. The plaintiff Sugar Company (respondent no. 1 in C.A.No.2176 of 2002) on coming into force of the U.P. Sugar Undertakings (Acquisition) Act, 1971 and the Sugar Undertaking (Taking Over of Management) Act, 1978, filed a suit against the U.P. State Sugar Corporation ( predecessor-in-interest of the appellant) and others for possession and permanent injunction restraining the defendants from interfering with the possession and management of affairs and business and assets of the registered office of the Company as detailed in para 10 of the plaint, and for declaration that the properties mentioned in para 10 of the plaint were not covered by the definition of 'scheduled undertaking' as provided in s.2(h) of the 1971 Act. The trial court decreed the suit in part. In the cross appeals, the High Court dismissed the suit in respect of the property mentioned at Item 3 in para 10, namely, Maize Colony including quarters and land appurtenant thereto, and decreed the suit in respect of the properties at Item Nos. 4 and 6 in para 10 of the plaint, namely, 'shops at Nainital Road along with land of playground' and 'Nursery land' etc. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 547 |
Petitioner | U.p. State Sugar & Cane Development Ltd. |
Respondent | Raza Buland Sugar Co.ltd. And Ors |
SCR | [2009] 6 S.C.R. 571 |
Judgement Date | 2009-04-17 |
Case Number | 2176 |
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