[Cites 5, Cited by 0]
Uttarakhand High Court
FA/27/2006 on 18 December, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
SL. Office Notes,
No. Date reports, orders
or proceedings COURT'S OR JUDGE'S ORDERS
or directions
and Registrar's
order with
Signatures
SA No.66 of 1987
In
FA No. 27 of 2006
FA No. 28 of 2006
FA No. 29 of 2006
FA No. 30 of 2006
Hon'ble Rakesh Thapliyal, J.
Mr. Yogesh Tewari, learned Standing
Counsel for the State/appellant.
2. Mr. D.S. Patni, learned Senior Counsel
assisted by Mr. Dharmendra Barthwal
learned counsel for the respondent no. 2/1
and 2/2.
3. Mr. Lalit Sharma, learned counsel for
respondent nos. 2/3.
4. Yesterday, Mr. Sunil Khera, learned
Deputy Advocate General made certain
submissions by placing reliance on the
judgment of the Apex Court, however, today
he is not available. Now the matter is being
posted because certain more issues has
been raised by the learned counsel for the
parties particularly on the issue whether
anyone can claim Bhumidhari rights over the
land which was leased out under the
Government Grants Act. Mr. Yogesh Tiwari
placed reliance to para 78 of the judgment
of Hon'ble Apex Court in the case of Express
Newspapers Pvt. Ltd. And others vs.
Union of India and others (1986) 1 SCC
133 which is being extracted herein below:-
"78. It is plain upon the terms that Section 2
excludes the operation of the Transfer of Property Act,
1882 to Government grants. While Section 3 declares
that all provisions, restrictions, conditions and
limitations contained over any such grant or transfer
as aforesaid shall be valid and shall take effect
according to their tenor, notwithstanding any rule of
law, statute or enactment of the Legislature to the
contrary. A series of judicial decisions have determined
the overriding effect of Section 3 making it amply clear
that a grant of property by the Government partakes
of the nature of law since it overrides even legal
provisions which are contrary to the tenor of the
document."
5. In support of such submissions he also
bring to the notice of this Court the
amendment to The Government Grants Act,
1895, by U.P. Act No. 13 of 1960 particularly
sub section 3 of Section 2 which read as
under:-
"(3) Certain leases made by or on behalf
of the Government to take effect according to
their tenor--All provisions, restrictions conditions and
limitations contained in any such creation, conferment
or grant referred to in Section 2, shall be valid and
take effect according to their tenor, any decree or
direction of a Court of law or any rule of law, statute or
enactment of the Legislature, to the contrary
notwithstanding :
Provided that nothing in this section shall
prevent, or deemed ever to have prevented the effect
or any enactment relating to the acquisition of
property, land reforms or the imposition of ceiling on
agricultural lands."
6. By referring this amended provision Mr.
Yogesh Tiwari submits that since in this
particular case the lease was already expired
in 1954 therefore no benefit is conferred
upon the petitioner.
7. List this case on 23.12.2025.
(Rakesh Thapliyal, J.)
18.12.2025
Nahid
