SOHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE competent authority, by its order dated 30.8.1979 declared 9468.21 sq. meter as surplus land under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act). Pursuant to the said order, a notice under Section 10(5) of the Act was issued to the petitioner on 30.1.1988 directing him to handover the possession on or before 30 days from the date of notice failing which forceful possession would be taken by them under section 10(6) of the Act. The petitioner contends that no physical possession was taken by the respondents and, in the meanwhile, Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into existence which was adopted by the State of Uttar Pradesh on 18.03.1999. The petitioner contends that in view of section 4 of the repeal Act, all proceedings stood abated where the possession had not been taken over by the State, and consequentially, prayed that a mandamus should be issued to ensure that the surplus land remained with the petitioner.

(2.) THE respondents filed a counter affidavit. Paragraph no.4 of the C.A. is relevant for the purpose of the case and is extracted here under: -

(3.) FROM perusal of the aforesaid assertion, the stand of the State Government is clear and explicit, namely, that physical possession of the surplus land could not be taken under Section 10(6) of the Act in view of the Repeal Act 1999 coming into force. The respondents however, submits that since the surplus land vested in the State Government pursuant to the publication of gazette notification under section 10(3) of the Act, which was free from all encumbrances, the possession of the land was deemed to have been taken by the State Government.