Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Land |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Urban Land (ceiling and Regulation) Repeal Act, 1999 (15 of 1999) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Land (Ceiling and Regulation) Repeal Act, 1999 – ss. 3 and 4 – Applicability of – Land acquisition proceedings under Urban Land (Ceiling and Regulation) Act 1976 – Land in question was declared as access vacant land by Competent Authority as well as Appellate authority – Writ Petition against the orders of the authorities was dismissed for non-prosecution – Restoration application dismissed observing that fresh petition might be filed, if permissible – The fresh writ petition High Court by interim order directed that the authorities might take over the possession of the vacant surplus land – The State took the stand that possession of the surplus land had already been taken over on 25.04.1988 – However, the High Court allowed the petition on the ground that the 1976 Act had been repealed and the compensation for surplus land had not been paid – The State filed appeal before the Supreme Court – Held: Before declaring the proceedings as having abated in view of ss. 3 and 4 of 1999 Act, it has to be considered and decided whether possession of the surplus land has been taken over by the Government – In absence of such possession, the proceedings cannot be declared as having abated – In the impugned judgment High Court has failed to consider and has not given any specific finding on the aspect of possession – Failure to pay the compensation, cannot raise presumption as to failure of possession – Matter remanded to High Court to decide the same afresh – High Court is also directed to consider the maintainability of the fresh writ petition as the previous writ petition was dismissed for non- prosecution. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 775 |
Petitioner | State Of Orissa & Ors. |
Respondent | Sakhi Bewa (dead) Through Lrs. |
SCR | [2021] 10 S.C.R. 1105 |
Judgement Date | 2021-11-23 |
Case Number | 6490 |
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