Court No. - 1 Case :- MISC. BENCH No. - 7649 of 2010 Petitioner :- Sahanubhuti Sahkari Awas Samiti Ltd. Through Its Secy. Respondent :- State Of U.P.Through Prin. Secy. Dept. Urban Land Ceiling Petitioner Counsel :- Surya Kant Singh 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 the parties’ counsel, the petition is being decided at the
admission stage.
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Regulations) Act, 1976 was repealed and Section 4 of the Urban Land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 abate 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.
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 hereinabove, the writ petition is allowed. The
respondents are directed not to disturb the peaceful possession of the
petitioner over Khasra no. 303 measuring area 10263.58 square meter situate
in village Takrohi, Pargana, 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 :- 6.8.2010
Sachin