NDLI: State of U.p. Vs. Hari Ram

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Saving clause Urban Land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Urban Land (ceiling and Regulation) Act, 1976 (33 of 1976) Urban Land (ceiling and Regulation) Repeal Act, 1999 (15 of 1999)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Urban Land (Ceiling and Regulation) Repeal Act, 1999: s. 3 - Saving clause - Held: No documents have been produced by the State to show that the respondents had been . dispossessed before coming into force of the Repeal Act and, therefore, the High Court is right in holding that the respondents are entitled to get benefit of s. 3 of the Repeal Act. Urban Land (Ceiling and Regulation) Act, 1976: s. 10(3) - Acquisition of vacant land in excess of ceiling limit - Expressions deemed to have been acquired" and "deemed to have vested absolutely - Connotation of - Held: 'vesting' in sub-s. (3) of s.10 means vesting of title absolutely and not possession - Under s. 10(3), what is vested is de jure possession not de facto possession - Mere vesting of the land under sub-s. (3) of s.10 would not confer any right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18.3.1999 - State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under sub-s. (5) of s. 10 or forceful dispossession under sub-s. (6) of s. 10 - On failure to establish any of these situations, the land owner or holder can claim the benefit of s. 3 of the Repeal Act - Uttar Pradesh Urban Land Ceiling (Taking of Possession, Payment of Amount and Allied Matters) Directions, 1983.In the instant appeals filed by the State Government, the question for consideration before the Court was: whether the deemed vesting of surplus land u/s 10(3) of ·the Urban Land (Ceiling and Regulation) Act, 1976 would amount to taking de facto possession depriving the land holders of the benefit of the saving clause u/s 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Judge	Hon'ble Mr. Justice K.S. Panicker Radhakrishnan
Neutral Citation	2013 INSC 146
Petitioner	State Of U.p.
Respondent	Hari Ram
SCR	[2013] 2 S.C.R. 301
Judgement Date	2013-03-11
Case Number	2326

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