Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 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 Allowed |
Headnote | Urban Land (Ceiling and Regulation) Act, 1976: s.10(3), (4), (5), (6) - Notice issued under the ULC Act to the appellants-land owners to hand over possession of the land in question and in case of failure, authorities would take necessary action for taking possession by application of necessary force - Meanwhile, Act repealed - Notice challenged by land owners - Held: Nothing to show that land owners had voluntarily surrendered or authorities had taken peaceful or forcible possession of land in question - it was always open to the authorities to take forcible possession and, in fact, in the notice issued u/s.10(5) of the ULC Act, it was stated that if the possession is not surrendered, possession would be taken by application of necessary force - For taking forcible possession, certain procedure had to be followed - No case made out by authorities that such procedure was followed and forcible possession was taken - Further, there was nothing to show that the authorities had taken peaceful possession, nor there was anything to show that the land owners had given voluntary possession - Facts clearly indicated that only de jure possession was taken by the authorities and not de facto possession before coming into force of the repeal of the Act - Therefore, it cannot hold on to the land in question, which were legally owned and possessed by the land owners - Consequently, the notice and subsequent action taken therein in view of the repeal of the ULC Act quashed - Urban Land (Ceiling and Regulation) Repeal Act, 1999. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 99 |
Petitioner | Gajanan Kamlya Patil |
Respondent | Addl. Collector & Comp. Auth. & Ors. |
SCR | [2014] 1 S.C.R. 1032 |
Judgement Date | 2014-02-14 |
Case Number | 2069 |
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