| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 33(1) ss. 12(4) 13 ceiling proceedings Land in question 33(4) and 40 30 33(3) |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Urban Land (ceiling and Regulation) Act, 1976 (33 of 1976) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Urban Land (Ceiling and Regulation) Act, 1976:ss. 12(4), 13, 30, 33(1), 33(3), 33(4) and 40 – Land in question subjected to ceiling proceedings under the Act – Thereafter allotted to respondent-hospital on a long term lease of 30 years – The Notification issued u/s. 10(3) of the Act was challenged by respondent No. 1 – The notification was upheld by High Court and Supreme Court – However, Supreme Court observed that it was open to the respondent to avail any appropriate remedy – There upon respondents 1 to 7 filed the present suit seeking declaration that the proceedings under the Act which culminated in issuance of notification u/s. 10(1) of the Act be declared null and void and the respondents be declared owners of the suit property – Trial court dismissed the suit interalia holding that the suit was not maintainable and was also barred by limitation – In appeal, High Court interalia held that the civil court had the jurisdiction to try the suit on merits and hence the suit was maintainable and that the plaintiffs(respondent Nos. 1 to 7) were the owners of the suit property – On appeal, held: The Act is a self-contained code in itself providing complete machinery while dealing with the land-owners right in relation to the excess land prescribed under the Act – The Act gives finality to the orders passed by the appellate authority u/s. 33 and also provides bar to file civil suits in relation to cases falling u/s.30(5) and s. 40 of the Act – Therefore, jurisdiction of civil courts to try the civil suits with respect to land which were subjected to ceiling proceedings under the Act, are impliedly barred – The civil court had no jurisdiction to grant the reliefs as sought in the present case– Belated challenge to the ceiling proceedings is meritless –Furthermore, the State after acquiring ownership of the suit property has allotted it to the hospital on 30 years lease and hence the situation has become irreversible – Jurisdiction. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2019 INSC 268 |
| Petitioner | The Competent Authority Calcutta, Under The Land (ceiling And Regulation) Act, 1976 And Anr. |
| Respondent | David Mantosh & Ors. |
| SCR | [2019] 4 S.C.R. 331 |
| Judgement Date | 2019-02-26 |
| Case Number | 10629 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
| Sl. | Authority | Responsibilities | Communication Details |
|---|---|---|---|
| 1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
| 2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
| 3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
| 4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
| 5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
| 6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
| 7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
| 8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
| 9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |