Allahabad Court August 2013 Judgments

State of U.P. Thru Secy. Lucknow Vs. Jagdish Chandra

Court: Allahabad

Ashok Bhushan, J. This writ petition raises an important issue as to whether after the repeal of The Urban Land (Ceiling and Regulation) Act,1976 (hereinafter referred to as "Act,1976") by The Urban Land (Ceiling and Regulation) Repeal Act,1999 (hereinafter referred to as "Repeal Act,1999") an appeal challenging the order of the competent authority dated 31/3/1997, declaring surplus vacant land can be filed under Section 33 of the Act, 1976. This writ petition has been filed challenging the order dated 13/8/2012, passed by the District Judge, Kanpur Nagar allowing the Appeal No.68/2011 filed by the respondent against the order dated 31/3/1997, of the competent authority under the Act, 1976 by which 48266.42 Square Metres was declared as surplus vacant land in excess of the ceiling limit. Brief facts of the case giving rise to the writ petition are: Proceedings under the Act, 1976 were initiated by issuing a notice dated 27/12/1996 under Section 6(2) to the tenure holder Jagdish Chandra...