Court No.1
Writ Petition No.10514 (M/B) of 2008
Shiv Charan Lal and another Vs. State of U.P. and others.
Hon'ble Pradeep Kant, J.
Hon’ble Ritu Raj Awasthi, J.
Heard the learned counsel for the petitioners and learned
Standing Counsel.
With the consent of learned counsel for the parties, this petition
is being decided finally.
Learned counsel for the petitioners 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repealed and Section 4 of the Urban Land (Ceiling and Regulations)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 petitioners 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 petitioners 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 petitioners over the land mentioned in Gata no.59,
measuring area 9077.21 sq. mtr., situate at Village Chinhat, 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 petitioners in that respect.
02.08.2010
Prajapati/-