KAMLA GANGOLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE direction of this Court was to the effect that to deliver back the possession of the land in question to the appellants. This direction pertains to a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976. Under the Act, possession of the land, which can be taken of, is delineated in section 10(3), which reads as follows:-

(3.) IT is the admitted case of the petitioners that the college which is being run in the building was inducted as tenant by the petitioners in the year 1972. In view of the aforesaid, we feel that if at all possession of the land had been taken, that has to be returned back and it has to be returned to the petitioners and to those who were in possession under the authority of the petitioners. A tenant of a building would be a person in authority exercising on behalf of the petitioners. In any proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, it cannot be construed that possession of the land where buildings were there was also taken.