LALLA Vs. STATE OF UP

JUDGEMENT

(1.) The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'Act of 1976') was repealed by section 2 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'Repeal Act of 1999') and was adopted in the State of U.P. w.e.f. 18.3.1999. The Repeal Act 1999 contains a savings clause in section 3, which reads as under:-

(2.) Dispute arose with regard to interpretation and true import of the savings clause. The question has been answered in a series of judgment of the Apex Court starting from Pt. Mohan Swaroop Shrotiya Public Charitable Trust v. State of U.P., 2000 6 SCC 325, Ghasitey Lal Sahu v. Competent Authority, 2004 13 SCC 452, Mukarram Ali Khan v. State of U.P., 2007 11 SCC 90, Vinayak Kashinath Shilkar v. Collector and Competent Authority, 2012 4 SCC 718 and lastly in State of U.P. v. Hari Ram, 2013 4 SCC 280, wherein the provisions of the Principal Act and also the Repeal Act were examined and it was held as under in para 41 & 42 of the judgment:-

(3.) The petitioners in the first writ petition no.16603 of 2013 (Lalla and others v. State of U.P. and others) had previously filed a writ petition no.33151 of 2002 seeking benefit of the Repeal Act 1999. Their writ petition was allowed on 2.5.2005 in terms of the order passed in Chabi Nath v. State of U.P., 2005 59 AllLR 413. The order dated 2.5.2005 in writ petition no.33151 of 2002 reads as under:-