Court No. - 1 Case :- MISC. BENCH No. - 8501 of 2008 Petitioner :- Mithailal S/O Late Chetram Respondent :- State Of U.P. Through Principal Secretary Revenue & 3 Ors. Petitioner Counsel :- Arun Kumar Pandey 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, this petition is being
decided 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Regulations) Act, 1976 was repealed and Section 4 of the Urban Land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 Shrotia, Public Charitable Trust Versus State of U.P.
and others [J.T.2000(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
abate but if the possession has not been taken over, the proceedings 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. Learned counsel for the petitioner submits
that in view of the aforesaid legal position, the writ petition may be allowed as
the proceedings initiated stand abated.
Learned Standing Counsel does not dispute the aforesaid facts.
For the reasons stated here-in-above, the writ petition is allowed. The
respondents are directed not to disturb the peaceful possession of the
petitioner over the land mentioned in plot no. 715 area 2548.26 Sq. Mtr. and
plot no. 719 min jumla 11 sq. Mtr. total area 3659.31 sq. mtr. situate at
Village Alinagar Sunahara Pargana Bijnaur Tehsil and District Lucknow,
declared as surplus land under the provisions of Sections 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 :- 26.7.2010
Arjun