LALLA Vs. STATE OF U P

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 THE Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'Act of 1976') was repealed by section 2 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'Repeal Act of 1999') and was adopted in the State of U.P.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.) PETITIONER Lalla and others complain that despite adjudication by this Court of petitioners' right over the land, vide order dated 2.5.2005, the name of the petitioners have not been restored in the revenue records and the cloud over petitioners' title continues to exist, despite the ceiling proceedings having abated pursuant to its repeal and its adjudication by this Court.