2000 3 SCR 948 The following Order of the Court was delivered The challenge in this appeal as well as in the companynected writ petition is to the decision of the Tribunal companystituted under the U.P. Sugar Undertak ings Acquisition ACT, 1971 which had interpreted Section 7 of the said Act and had companye to the companyclusion that the claim of the appellant for payment of Rs.
12 lakhs was payable in respect of the acquisition of the properties and assets and the said payment should be made without deducting any liabilities of the lessee.
Ultimately, the factory was acquired by the U.P. Govern ment under the aforesaid Acquisition Act.
Ltd. This factory was first taken over by the Government of India under the Defence of India Rules on 4th December, 1965 and thereafter it was taken over by the U.P. Government under Section 15 of the Industrial Development Regulation Act.
The appeal is by special leave from the said decision of the Tribunal.
12 lakhs companyld number be accepted.
Briefly stated, the facts are that M s. Diwan Sugar Mills was a partnership firm which owned a sugar factory.
On the prescribed authority rejecting this company tention, the owners then filed an appeal under Section 11 of the said Act before the Tribunal but without success.
The owners, namely, the partnership firm filed a claim before the prescribed authority for payment of companypensation.
The case of the owners was that under sub section 5 of Section 7 read with the Schedule to the said Act, a sum of Rs.
On 1st July, 1951, this factory is stated to have been leased out to M s. Diwan Sugar and General Mills Pvt.
