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DHARMVEER SINGH AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Dharmveer Singh And Others v. State Of U.P. And Others - WRIT - A No. 11942 of 2005 [2004] RD-AH 1637 (7 December 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                   Court No. 7.

              Civil Misc. Writ Petition no. 11942 of 1990

Dheer Singh                     Versus           District Judge, Meerut and others

Hon'ble Rakesh Tiwari, J.

Heard counsel for the parties and perused the record.

This writ petition arises out of the order and judgment dated 20.2.90 passed by respondent no.1, District Judge,Meerut  and the order and judgment dated 23.3.79  passed by respondent no.2, Competent Authority Urban Land Ceiling Meerut ( Joint Director).

The operation of the aforesaid orders was stayed by this Court vide order dated 24.5.90 which remain operative till today. The petitioner had remained in possession of the land which has been declared as surplus and the possession was never taken. The proceedings were taken for possession of the land under the Urban Land ( Ceiling and Regulation) Act, 1976 (Act No. 32 of 1976) as the land was declared surplus.

The Act has since been repealed by the Urban Land ( Ceiling and Regulation) Repeal Act, 1999 ( Act 15 of 1999). The legislature of State of U.P. has since adopted the provisions of the Urban Land ( Ceiling and Regulation) Repeal Act, 1999 by a resolution as required by Article 252(2) of the Constitution as the Repealing Act has since come into force in the State of U.P. with effect from 18.3.1999.  The petitioner has filed an abatement application along with the proceedings held under the provisions of the Urban Land ( Ceiling and Requisition) Act, 1974. Inspite of time being granted no counter affidavit has been filed to the abatement application.

Section 4 of the Urban Land ( Ceiling and Regulation ) Repeal Act,1999 provides as under:-

            "4. Abatement of legal proceedings- All proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act, before any Court, Tribunal or other authority shall abate:

             Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the Principal Act in so far as such proceedings are relatable to the land possession of which has been taken over by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority."

There is nothing on record to indicate that the State had taken possession over the surplus land, the present proceedings have to be abated and are hereby abated. The counsel for the petitioner has also filed copy of the judgment of the Apex Court in Civil Appeal Nos. 513 & 14 of 1997, Pt. Madan Swaroop Shrotiya Public Charitable Trust Vs. State of U.P. and others and states that this matter is covered by the aforesaid judgment of the apex Court.

For the reasons stated above, the writ petition is allowed and the proceedings before the competent authority are deemed to have been abated under the provisions of the Urban Land ( Ceiling and Regulation) Act, 1974.

Dated 7.12.2004

CPP/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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