Case Note & Summary
The Supreme Court dealt with appeals arising out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The State of Uttar Pradesh and the aggrieved persons had come before the Court against orders of prescribed authorities regarding determination of ceiling area. Under Section 10 of the Principal Act, proceedings were initiated and ceiling area was determined, but a controversy arose as to the extent of the ceiling area required to be retained by the respondent and the surplus land that stood vested in the State. Before the filing of the appeals, the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Act 18 of 1973) came into force with effect from June 8, 1973. Section 19 of the Amendment Act contained transitory provisions stating that all proceedings for determination of surplus land under Sections 9, 10, 11, 12, 13 or 30 of the Principal Act pending before any court or authority at the commencement of the Amendment Act shall abate, and the prescribed authority shall start proceedings afresh by issuing a notice under sub-section (2) of Section 9 of the Amended Act. The proviso prescribed that ceiling area be first determined under the unamended Principal Act and then redetermined under the amended Act. The prescribed authority had, by order dated 24.2.1975, redetermined the ceiling area as per the Amendment Act. The Supreme Court observed that the question whether that redetermination was in accordance with law was not in controversy before it, as the proceedings had to be taken under the Amendment Act. It held that as a consequence of Section 19, the appeals before it stood abated. Accordingly, the appeals were dismissed without costs, and the Court left it open to the State or the persons concerned to pursue remedies according to law regarding the redetermination.
Headnote
A) Land Ceiling - Abatement of Pending Proceedings - Transitory Provisions - U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, Section 19 - Section 19 provides that all proceedings for determination of surplus land under Sections 9 to 13 and 30 of the Principal Act pending before any court or authority at the commencement of the Amendment Act shall abate. The Supreme Court applied this provision and held that the appeals before it, which arose from ceiling area determination proceedings, stood abated. Consequently, the appeals were dismissed without costs. B) Land Ceiling - Redetermination Procedure - Manner of Determination - U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, Section 19 proviso - The proviso to Section 19(1) mandates that ceiling area be first determined under the unamended Principal Act, then redetermined under the amended Act. The prescribed authority had already redetermined the ceiling area by order dated 24.2.1975, and the Court left it open to the parties to pursue remedies according to law regarding the correctness of that redetermination.
Issue of Consideration
Whether all proceedings for determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 pending at the commencement of the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 stood abated under Section 19, and whether the appeals pending before the Supreme Court also stood abated.
Final Decision
The Supreme Court held that as a consequence of Section 19 of the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the appeals before it stood abated. The appeals were dismissed without costs, and the State or the persons concerned were left free to pursue remedies according to law regarding the redetermination under the Amendment Act.
Law Points
- All pending proceedings for determination of surplus land under Sections 9 to 13 and 30 of U.P. Imposition of Ceiling on Land Holdings Act
- 1960 shall abate upon commencement of U.P. Imposition of Ceiling on Land Holdings (Amendment) Act
- 1972
- Prescribed authority must start afresh by issuing notice under Section 9(2) as amended
- Ceiling area first determined under unamended Principal Act then redetermined under amended Act
- Appeals arising from such abated proceedings also stand abated.
