Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 Urban Land (Ceiling and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976 – ss.6(1), 8(1),(4), 10(1), (3),(6), 42 – Urban Land (Ceiling and Regulation) Repeal Act, 1999 – ss.3(1)(a), (2), 4, 5 – Joint family property of two sisters under various Survey Nos. including Survey No.53/3A – Partition of the property alleged in 1984 between their children, one of whom filed statement u/s.6(1) declaring the particulars of the joint family property – Competent Authority issued a draft statement to the declarant to surrender excess vacant land including land falling within Survey No.53/3A – Objection filed – Eventually, land in inter alia Survey No.53/3A was declared as excess land – Appellant claims to have purchased a portion of Survey No.53/3A comprising a house (suit property) in 1994 from the daughter of one of the sisters who had allegedly acquired it by virtue of the aforesaid partition – Appellant filed petition under the Repeal Act, 1999 for his name to be restored in the records instead of the government’s – Petition rejected by Competent Authority – Appellant’s writ petition and appeal dismissed in High Court – Held: Determination of excess land is to be made considering the status of the land at the time of commencement of the Principal Act and not at the time of filing of the declaration – Since, admittedly the partition, if any, was only effected after the Principal Act’s commencement, the Division Bench correctly held that the partition deed of 1984 would not affect the validity of the Competent Authority’s determination of excess land owned by the joint family at the time of commencement of the Act – To this limited extent, findings of the Division Bench concurred with – However, there is nothing on record to conclusively establish possession of the suit property either by the Competent Authority or the appellant – Conflicting averments made by parties – It was incumbent on the Division Bench to enquire into and settle the questions of fact Impugned judgment set aside – Matter remitted to the Division Bench to consider the case afresh. Urban Land (Ceiling and Regulation) Act, 1976 – ss. 6, 8, 9, 10 – Held: ss.8 and 9 make it incumbent on the Competent Authority to issue notice to or provide an opportunity to be heard only to the ‘person concerned’, i.e., the person who has filed the statement u/ s.6 – Claims of all other persons interested in the vacant land are to be considered through issuing a Gazetted notification as per s.10(1) – Urban Land (Ceiling and Regulation) Repeal Act, 1999. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2021 INSC 95 |
Petitioner | U.a. Basheer Thr. G.p.a. Holder |
Respondent | State Of Karnataka & Anr. |
SCR | [2021] 1 S.C.R. 893 |
Judgement Date | 2021-02-17 |
Case Number | 3032 |
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 |