Court No. - 1 Case :- MISC. BENCH No. - 6644 of 2010 Petitioner :- Mirza Mohd. Askari Ali Respondent :- Stae Of U.P., Thru. Ziladhikari, Lucknow & Another Petitioner Counsel :- S.A.H. Zaidi,Vivek Kr. Srivastava Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner and learned Standing counsel.
With the consent of learned counsel for the parties, the writ petition is being
disposed of finally.
Learned counsel for the petitioner submits that proceedings have been
initiated under Urban Land (Ceiling and Regulations) Act, 1976 and the land,
which has been declared surplus, the possession of the same has not been
taken over. During the pendency of the proceedings, Urban Land (Ceiling and
Regulations) Act, 1976 was repealed and Section 4 of the Urban Land
(Ceiling and Regulations) Repeal Act, 1999 provides for abatement of the
legal proceedings.
Learned counsel for the petitioner also submits that the Apex Court in the case
of Pt. Madan Swarup Shronya, Public Charitable Trust vs State of U.P. and
others [J.T.200(3) S.C.391 ] has held that if possession has been taken over by
the State Government then the proceedings under the Act will not above but if
the possession has not been taken over the proceedings on shall abate. We
make it clear that the word possession means actual physical possession.
Hence if actual physical possession has been taken over the proceedings shall
not abate otherwise they will abate. He submits that in view of the aforesaid
legal position, the writ petition may be allowed as the proceedings initiated as
stated abated.
Learned Standing Counsel does not dispute the aforesaid facts.
For the reasons stated hereinabove, the writ petition is allowed. Opposite
parties pare directed not to disturb the peaceful possession of the petitioner
over Khasra No. 246 and 247 situate in village Para, Pargana, Tehsil and
District Lucknow, declared as surplus land under the provisions of section
10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 and
further to correct revenue records on necessary steps being taken by the
petitioner in that respect.
Order Date :- 16.7.2010
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