Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | challenged 1976 Urban Land (Ceiling and Regulation) Act land ceiling proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Urban Land (ceiling and Regulation) Act, 1976 (33 of 1976) |
Case Type | Miscellaneous Application |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976 – The urban land ceiling proceedings handed certain land to the newspaper publication – The said proceedings were challenged – Single Judge of the High Court ordered a survey and held that if after survey, it is clear that the extent of 8000 sq. mtrs. allotted to the publication was in fact survey no.129/45/D, the order of allotment would be set aside – Supreme Court upheld the order of the Single Judge and ordered demarcation of survey no. 129/45/D – Initial survey carried out stated no such land in the said survey number existed – Pursuant thereto, the State requested review of the Supreme Court judgment – Review petition was filed by the State, however, same was disposed of with the direction that the report filed was not in consonance with the order passed by the Supreme Court – Thereafter, a compliance report was filed with a map appended thereto – Held: The documents involved in the original civil appeals disclose the fact that the said property was in rectangular shape – On perusal of the map appended to the Compliance Report, the description of the property would accord with TS No. 19/P which was marked by the letters ‘PQRS’ (rectangular shape) and the same was allotted to the newspaper publication and plot no.129/45/D was marked as ‘ABC’ (triangular shape) – The land marked as ‘ABC’ was heavy built up and was of no use to the appellants – The first survey report wrongly stated that land does not exist – However, the Second report located the land, but not where it actually existed – Given the extraordinary facts of the case, powers u/Art. 142 exercised – The second report submitted was rejected and it was declared that the land which is at survey no. 19/P and which is marked in the map of the second survey report as ‘PQRS’ is the land that is actually survey no. 129/45/D – This being the case, the allotment made set aside and newspaper publication directed to deliver land to the appellants. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2019 INSC 1108 |
Petitioner | The Government Of Andhra Pradesh & Ors. |
Respondent | Grace Sathyavathy Shashikant & Ors. |
SCR | [2019] 13 S.C.R. 651 |
Judgement Date | 2019-10-01 |
Case Number | 910 |
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