IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5712 OF 2002

Garg Woollen Pvt. Ltd.        ...Appellant(s)

Versus

State of Uttar Pradesh and Ors.       ...Respondent(s)

With Civil Appeal No.5713 of 2002

O  R  D  E  R

Heard learned counsel for the parties.

These appeals are directed against orders dated 9.9.1997 vide which the  Division Bench of the Allahabad High Court dismissed the writ petitions filed by the  

appellants  for  quashing  the  notifications  issued  by  the  State  Government  for  acquisition of their land.

When the special  leave petitions,  out of which these appeals  arise,  were  listed for admission hearing learned counsel appearing on behalf  of the appellants  

stated that their clients are willing to take the acquired land on which the structures  stand on lease on reasonable rent.  In view of the statements of the learned counsel,  

notice was issued to the respondents on 20.3.1998 and orders of status quo regarding  possession were passed.

...2/-

- 2 -  

On behalf of the Uttar Pradesh State Industrial Development Corporation  [for short, “the Corporation”], its Regional Manager, Shri S.K. Srivastava has filed  

identical counter affidavits, paragraphs 4 and 5 of which read thus:

“4. That after 3.1.1987, the rate of premium of the various  plots,  carved out  of  land,  acquired under  the  notification  were  allotted to the various industrialists, was Rs.120/- p.sq.mtrs.

5. That in the circumstances the corporation is entitled to  the  following  amount,  should  this  Hon’ble  Court  came  for  the  conclusion that the plots should be allotted to the petitioner:-

1.  The rate of premium Rs.120/-P.SQ.Mt.     for allotment of plot.

2.  Interest on the            simple interest     aforesaid amount         at  the rate of  18%  per  annum

w.e.f. 3.1.87.

3.  Lease rent @  Rs.250/-  per  Hectare per year

which is subject upward  revision @  Rs.320  after 30   years   and

Rs.620/-   after  60 years.”

Learned counsel for the appellants stated that their clients are agreeable to  

accept the allotments at the rates specified in the above reproduced paragraphs 4 and  5 of the counter affidavits.  They, however, made a request that nine months’ time  

may be allowed to their clients for making payment of the entire amount.  In our  view,  the  prayer  made  on  behalf  of  the  appellants  is  reasonable  and  merits  

acceptance.   Accordingly,  the  appellants  are allowed nine ...2/-

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months’ time from today for making payment in terms of paragraphs 4 and 5 of the  counter affidavit subject to their filing undertaking to this effect within four weeks  

from today. The civil appeals are, accordingly, disposed of.

It is made clear that in case within the aforesaid period of nine months  payment is  not made by the appellants,  the appeals  shall  stand dismissed without  

further reference to the court and the respondents shall be entitled to take possession  of the land from the appellants forthwith.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

......................J.       [H.L. DATTU]

New Delhi, April 15, 2009.