Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 - s.31(2) - Abatement of ceiling proceedings - Notice uls. 10(2) of the 1960 Act (the Principal Act) served on tenure-holder U.P. Imposition of Ceiling on Land Holdings (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 - s.31(2) - Abatement of ceiling proceedings - Notice uls. 10(2) of the 1960 Act (the Principal Act) served on tenure- c holder for proposing to declare the land in question as surplus land - Objections filed by appellants (legal heirs of tenure-holder) - Mean11'hile, Prescribed Authority under the Act passed order dated 13.1.1975 declaring the entire land ll'hich was the subject matter of notice, as surplus - Appeal against tliis order dismissed on D 13.12.87 - Writ petition by appellants also dismissed - Plea of appellants tliat on a correct construction of s.31, 1976 Amendment Act the entire proceedings had abated and hence, the appellate authority had no jurisdiction to pass order dated I 3.12. 87 - Held: There are two pre-requisites for application of s. 31 ( 2) which provides for abatement of appeal against order determining surplus land- E First, there should be an order determining the surplus land under the Principal Act before 17.1.1975, second, 11'ilh regard to such surplus land the prescribr!d authority was required to re-determine surplus land u/s. 9, 1974 Amendment Act - Clearly, the order determining the surplus land in the present case was made four F days before 17.1.1975, tints the first pre-requisite was met - Second pre-requisite was also 111e1t as the prescribed authority was required to re-determine surplus land uls. 9, 1974 Amendment Act but that was never done as tl1ere was no order re-determining surplus land - Language of s.31 (2) also makes it clear that e1•ery appeal preferred against such orders and pending immediately before 10.10.1975 G shall be deemed to have abated on the said date and thus the appeal in the present case having been filed prior to 10.10.1975, stood abated on the said date - U.P. Imposition of Ceiling on Land Holdings Act, 1960 - U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 - s.19 - U:P. Imposition of Ceiling on Land H Holdings (Amendment) Act, 1974 - s.9 .U.P. Imposition of Ceiling 011 Land Holdings (A111end111ent) Act, 1974 - s.9 - Requirement to redetermine surplus land - No discretion vested in prescribed authority - Held: Such requirement is not discretionary as the ve1'.V expression "may at any time within a period of two years ... "·occurring in s.9. 1974 Amendment Act also occurs in s.31(3), 1976 Amendment Act and thus on a correct reading of the .5ub.-section, the presaibed authority, in every case, is required to re-determine surplus land if an order determining surplus land was made prior to.10.10.1975 . |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 579 |
Petitioner | Arvind Kumar |
Respondent | State Of U.p. & Ors. |
SCR | [2016] 9 S.C.R. 712 |
Judgement Date | 2016-08-08 |
Case Number | 7165 |
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