MANGALSEN Vs. STATE OF U.P. AND ANR.

JUDGEMENT

(1.) Leave granted.

(2.) Whether the proceedings initiated by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the 1976 Act') determination of the surplus land of the Appellant abated with the coming into force of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short, 'the 1999 Act') because possession of the surplus land had not been taken is the question which arises for consideration in this appeal filed against order dated 15.2.2011 passed by the Division Bench of the Allahabad High Court in Writ Petition No. 23229/2008.

(3.) The Appellant is the owner of land comprised in Khasra Nos. 296, 534, 535 and 559, Village Haru Nagla, Pargana and Tehsil Bareilly. After enforcement of the 1976 Act in the State of Uttar Pradesh, he filed a declaration Under Section 6(1) of that Act. The Competent Authority prepared draft statement and issued notice Under Section 8(3) proposing to declare 7337.39 square meters as surplus land. The Appellant filed objections dated 16.12.1981 in the form of an affidavit along with copy of an application made by him Under Section 20 for grant of exemption on the ground that he and his family is solely dependent on the agricultural operations being undertaken by them. After considering the same, the Competent Authority passed order dated 18.5.1982 Under Section 8(4) and confirmed the draft statement. However, the concerned officer stayed the acquisition proceedings on the premise that the application filed by the Appellant Under Section 20 of the 1976 Act was pending consideration.