Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Land (Ceiling and Regulation) Act |
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 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976 – ss.6, 9,10(1), 10(3), 10(5), 10(6), 11, 20(1)(a), 21, 33 – Appellants/landowners are legal representatives of the original owner of the landin question – Possession of the surplus/excess land was taken overunder a Possession Panchanama dated.20.03.1986 – Eventually,Power of Attorney holder of one of the land owner filed writ petitionchallenging the Panchnama – Partly allowed by Single Judge –Appeal filed by State Government – Meanwhile, the appellants filedan independent writ petition in 2001 for the same relief – Appealfiled by the State Government was allowed by Division Bench –Writ petition filed by the appellants was allowed by Single Judge –Order set aside by Division Bench – On appeal, held: Appellantsresorted to all possible pleas – Further, they chose to file the writpetition only in the name of one of the land owner in the capacity ofhis Power of Attorney holder, little realizing that the authority givenby him came to an end after his demise – It was only after the otherappellants realised that the decision of the Single Judge was flawedand was justly assailed by State Government on that count, theyfiled the present writ petition – Appellants thought of the last attemptto assail the Possession Panchnama itself without seeking anyfurther relief of declaration regarding the earlier proceedings whichhad attained finality – Writ petition filed by the appellants afterlapse of 14 years was hopelessly barred by delay and suffered fromlaches – Impugned order upheld – Urban Land (Ceiling andRegulation) Repeal Act, 1999. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2020 INSC 386 |
Petitioner | Kapilaben Ambalal Patel & Ors. |
Respondent | State Of Gujarat & Anr. |
SCR | [2020] 8 S.C.R. 1117 |
Judgement Date | 2020-05-06 |
Case Number | 6380 |
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