Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seventh Schedule Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Article 294, Entry 18 and 45 of List II of -Seventh Schedule-Government of India Act, 1935-Section 99 & 100, Legislative entries-Bombay Land Revenue Code of 1879-Section 37- Question of ownership of the suit land between the Union of India and the State Government-Union basing its claim upon Section 37 of the 1879 code according to which the Union Government was presumed to be the owner of the land if any individual failed to establish his title-Maintainability of- Held, Article 294 of the Constitution of India read with Sections 99 and 100 and legislative entries under the Government of India Act, 1935 makes the legal position clear that it is not the Union but the State Government which is the owner of the suit land-After the implementation of the 1935 Act and the Constitution of India, both 'land' and 'land revenue' fall under State list and are governed by the State-Thus, Section 37 of the 1879 Code would have no application-The question of ownership between the Union and the State Government is to be tested under Article 294 of the Constitution and not under the obsolete Section 37 of 1879 Code-Land Acquisition Act, 1894-Sections 4,6-Maharashtra Regional and Town Planning Act, 1966- Sections 126,128. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 2000 INSC 522 |
Petitioner | Union Of India And Anr. |
Respondent | M/s. Mundra Salt & Chemical Industries And Ors. |
SCR | [2000] Supp. (4) S.C.R. 580 |
Judgement Date | 2000-11-14 |
Case Number | 2269 |
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