LAWS(SC)-2005-2-48

KISHAN LAL Vs. STATE OF M P

Decided On February 22, 2005
KISHAN LAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This appeal by special leave has been preferred by the appellant against the judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 23rd June, 1999 passed in writ petition No. 2604/99. By the aforesaid judgment and order the High Court dismissed the writ petition preferred by the appellant and affirmed the orders passed by the authorities under the Urban Land (Ceiling and Regulation) Act, 1976 holding that the appeal preferred by the appellant before the Commissioner Jabalpur Division being an appeal under Section 33 of the aforesaid Act was barred by time.

(3.) It is submitted before us that the Parliament enacted the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No. 15/99) which received the assent of the President on 22nd March, 1999 but which is deemed to have come into force in the States of Haryana and Punjab and in all the Union territories on the 11th day of January, 1999 and in any other State which adopts this Act under clause (2) of Article 252 of the Constitution of India on the date of such adoption. It is the further submission of counsel for the appellant on the basis of the notification produced before us dated 9th March, 2000, that in exercise of the power conferred under clause (2) of Article 252 of the Constitution of India, the said Act has been adopted by the State of Madhya Pradesh by a resolution which was notified in the Gazette on 9th March, 2000, and which specifies 17th February, 2000 as the date with effect from which the said resolution operates.