Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 5(3) and 10(4}- 1976-Sections 27(1) 25(2)(a) Urban Land (Ceiling and Regulation) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976-Sections 27(1), 25(2)(a), 5(3) and 10(4)-Application seeking permission to alienate land-Competent Authority exercising its option to purchase property-Legality of-Whether State could purchase property though declaration was not finalised-Held, yes--lntending purchaser cannot complain against exercise of option by State.An application was submitted before the competent authority seeking permission to alienate land to respondent. The competent authority exercised option to purchase the property. The owner executed the sale deed in favour of the State in respect of the property which was agreed to be sold to the first respondent. The first respondent filed a writ petition in the High Court impugning the legality of the purchase made by the government. The High Court held that until the ceiling proceedings were completed in accordance with law and the surplus area was determined, the owner was not entitled to sell the land and thus purchase of the land by the government was not valid in law. Hence this appeal by the State.The respondent submitted that sub s.(3) of section 5 of Urban Land (Ceiling and Regulation) Act, 1976 prohibited a person from alienating any vacant land by way of sale, etc., until he had furnished the statement u/s 6 and a notification regarding the excess vacant land held by him had been published and any such transfer made in contravention thereof shall be deemed to be null and void. It was next contended that since the land proposed to be sold was within the ceiling limit, no permission u/s 27(1) was needed. It was alleged that since the owner died and the legal representatives had not been brought on record, the appeal stood abated. |
Judge | N/A |
Neutral Citation | 1995 INSC 53 |
Petitioner | State Of Madhya Pradesh |
Respondent | Surendra Kumar And Anr. |
SCR | [1995] 1 S.C.R. 396 |
Judgement Date | 1995-01-18 |
Case Number | 4452 |
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