SAVITRI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri Raj Karan Yadav, learned counsel appearing for the petitioners. Shri Ramesh Upadhyay appears for the State respondents as well as Kanpur Development Authority.

(2.) THIS writ petition was allowed by order dated 27.5.2009 with the observations that the possession on paper is a symbolic possession. The word 'possession' used in Clause (a) of sub -section (2) of Section 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 mean actual physical possession and not symbolic possession. The Court held that after repeal of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (in short the Repeal Act, 1999) the petitioners are entitled to the benefit of Section 3 of the Act No.15 of 1999 and thus the petitioners' land shall not be treated to have been declared as vacant land.

(3.) A review/recall application was filed by the State of U.P. through the Secretary, Department of Ceiling, Government of UP and Competent Authority, Urban Land Ceiling, Kanpur Nagar, which was allowed by this Court on 6.8.2010 and the judgment was reserved on merits of the case. The judgment was however not delivered. Hon'ble P.C. Verma, J presiding the Bench was thereafter transferred without delivering the judgment, and that is how the matter remained pending.