Case Note & Summary
The petitioners, Gopalrao Shiva Ikhankar and others, filed a writ petition challenging the acquisition of their land under the Urban Land (Ceiling and Regulation) Act, 1976. The land was declared excess, but possession was not taken by the State under Section 10(5) of the 1976 Act before the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force on 29-11-2007. The petitioners continued in actual cultivation of the land. The court considered the effect of the Repeal Act and noted that since possession was not taken, the land vests back in the petitioners. The court also noted that the land had been allotted by the State Government to Nagpur Housing Area Development Board and an educational institute, which were subjects of another writ petition (PIL No. 55/2004) where a commission found defects. The court allowed the writ petition, holding that the petitioners are entitled to retain the land.
Headnote
A) Urban Land Ceiling - Repeal Act - Vesting of Land - Section 3 of Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Petitioners' land was declared excess under the 1976 Act but possession was not taken under Section 10(5) before the Repeal Act came into force on 29-11-2007. Petitioners continued in actual cultivation. Held that upon repeal, the land vests back in the petitioners. (Paras 1-2)
Issue of Consideration
Whether the petitioners' land, which was declared excess under the Urban Land (Ceiling and Regulation) Act, 1976, but possession was not taken before the Repeal Act of 1999 came into force, vests back in the petitioners.
Final Decision
Writ petition allowed. The land vests back in the petitioners.
Law Points
- Repeal Act
- 1999
- Section 10(5) of 1976 Act
- vesting of land
- possession not taken
- actual cultivation
