Natwarbhai Magainbhai Patel Vs. Collector and ors. - Court Judgment

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Subject	Property
Court	Supreme Court of India
Decided On	May-10-1996
Case Number	Special Leave Petition (C) No. 13088 of 1996
Judge	K. Ramaswamy,; Faizanuddin and; G.B. Pattanaik, JJ.
Reported in	1996VAD(SC)403; JT1996(6)SC217; 1996(5)SCALE63; (1996)5SCC498; [1996]Supp2SCR646
Appellant	Natwarbhai Magainbhai Patel
Respondent	Collector and ors.
Advocates:	M.J. Trivedi and; S.C. Patel, Advs
Prior history	Appeal From the Judgment and Order dated 15-5-1995 of the Gujarat High Court in S.C.A. No. 4093 of 1995

Excerpt:
- o r d e r delay condoned. counsel for the petitioner admits that a notification under section 10 [5] of the urban ceiling act was published pursuant to which the excess vacant land was surrendered and taken possession of by the government. consequently, the land stands vested in the state free rom all the encumbrances. in what manner the lands require to be utilised has been regulated under the provisions of the act. it is not a condition, under the act, that payment of compensation be made before utilisation of the land of which the petitioner was erswhile owner. under these circumstances, we do not find any illegality in the order passed by the high court in special civil appeal no.4093/93 on may 15, 1995. the special leave petition is accordingly dismissed.

Judgment:

O R D E R

Delay condoned.

Counsel for the petitioner admits that a notification under Section 10 [5] of the Urban Ceiling Act was published pursuant to which the excess vacant land was surrendered and taken possession of by the Government. Consequently, the land stands vested in the State free rom all the encumbrances. In what manner the lands require to be utilised has been regulated under the provisions of the act. It is not a condition, under the Act, that payment of compensation be made before utilisation of the land of which the petitioner was erswhile owner. Under these circumstances, we do not find any illegality in the order passed by the High Court in Special Civil Appeal No.4093/93 on May 15, 1995.

The Special Leave Petition is accordingly dismissed.