LexSTATE OF UTTARAKHAND & ORS versus GURU RAM DAS EDUCATIONAL TRUST SOCIETY
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[2012] 7 S.C.R. 1133 STATE OF UTTARAKHAND & ORS. v. GURU RAM DAS EDUCATIONAL TRUST SOCIETY (Civil Appeal No. 6621 of 2012) SEPTEMBER 18, 2012 [R.M. LODHA AND ANIL R. DAVE, JJ.] U. P. ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950: ss. 154(1), 166 and 167 - Notice u/ss 166 and 167 to transferee-Educational Trust in respect of a portion of land transferred to it by Bhumidhar - Held: Keeping in view the definition of 'family' in the Explanation, the term 'any person' A B c in sub-s. (1) of s. 154 refers to a natural person and not a D 'charitable institution' and, as such, the notice u/ss 166 and 167 issued to Educational Trust was not justified. A notice u/ss 167 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 was issued to the respondent-Educational Trust in respect of 1.626 E hectares out of 6.785 hectares of land transferred to it by the Bhumidhar. Ultimately, the Assistant Collector by his order dated 27 .1.2006 held 1.626 hectares of land as surplus. The revision filed by the respondent was dismissed by the Commissioner. However, the writ F petition of the respondent was allowed by the Single Judge of the High Court. In the instant appeal filed by the State, the question for consideration before the Court was: "whether a charitable trust is covered by the expression 'any person' G occurring ins. 154(1) of the 1950 Act." Dismissing the appeal, the Court HELD: 1.1 The expression used in s.154(1) is "to any 1133 H 1134 SUPREME COURT REPORTS [2012] 7 S.C.R. A person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any, held by his family will in the aggregate, exceed 5.0586 hectares (12.50 acres) in Uttar Pradesh." A close look at the expression would show that the B Legislature intended to cover only natural person. It is so because the words 'any person' are followed in the sentence by the words 'his family'. 'Family' is explained in the Explanation appended to s.154 which means the transferee, his or her wife or husband, as the case may c be, and minor children and where transferee is a minor, his or her parents. This makes it clear that a legal person is not intended to be included in the expression 'any person'. The word 'person', in law, may include both a natural person and a legal person. Sometimes it is 0 restricted to the former. Having regard to the text of s.154(1) and also the scheme of that provision, there remains no doubt that the expression 'any person' refers to a natural person and not a legal person. [Para 10) [1137-D-G] E 1.2 Further, in 1997, the Legislature inserted Explanation by U.P. Act No. 20 of 1997 declaring that in sub-s. (1), the expression 'person' shall include and be deemed to have been included on June 15, 1976 a 'Co- operative Society'. Had the expression 'person' included F legal person, no explanation was necessary. [Para 10) [1137-H; 1138-A-B] 1.3 Accordingly, as it must be held that a 'charitable institution' is not included within the meaning of the expression 'any person' occurring in s.154 of the 1950 Act G and, therefore, the Assistant Collector was not justified in issuing notice to the respondent u/ss 166 and 167 of the 1950 Act. [Para 11) [1138-C-D] CIVIL APPELLATE JURISDICTION : Civil Appeal No. H 6621 of 2012. STATE OF UTTARAKHAND v. GURU RAM DAS 1135 EDUCATIONAL TRUST SOCIETY From the Judgment and Order dated 05.09.2008 of the A High Court of Uttarakhand at Nainital in Writ Petition (MS) No. 1642 of 2006. Rachana Srivastava, Utkarsh Sharma for the Appellants. Shanti Bhushan, Sushendra K. Chauhan, Suman Gupta, Dr. Vipin Gupta for the Respondent. The Judgment of the Court was delivered by B R.M. LODHA, J. 1. We have heard Ms. Rachana C Srivastava, learned counsel for the petitioners, and Mr. Shanti Bhushan, learned senior counsel for the respondent. 2. Delay condoned. 3. Leave granted. 4. The controversy in this Appeal, by special leave, is in respect of land admeasuring 1.626 hectares situate in village Chalang, Dehradun out of 6. 785 hectares which was transferred by the Bhumidhar to respondent, Guru Ram Das Educational Trust Society in 1992. A notice under Sections 166 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short, '1950 Act') was issued by the Assistant Collector First Class/Sub Divisional Magistrate, Dehradun to the respondent to show cause why the
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