Judgment Search Results Home > Cases Phrase: urban land ceiling and regulation act 1976 repealed repealing act 1 urban land ceiling and regulation repeal act 1999 Page 1 of about 2,170 results (0.385 seconds)

Kantibhai Vallabhbhai Patel Vs. Competent Authority and Deputy Collect ...

Court : Gujarat

Reported in : (2008)1GLR40

..... this is a petition preferred under articles 226 and 227 of the constitution of india against the order dated 6th november, 1989 made by the state government in exercise of powers conferred by section 34 of the urban land (ceiling and regulation) act, 1976 (hereinafter referred to as, the act of 1976). ..... the holders continued to be in possession of the excess vacant land until 30th march, 1999, the day on which the act of 1976 was repealed in the state of gujarat by the urban land (ceiling and regulation) repeal act, 1999 (hereinafter referred to as, the act of 1999). ..... 195 has been held to be less than the ceiling area; no part of it has been held to be excess vacant land for the purpose of the act of 1976. ..... on the appointed day, the two sons being major, were a separate family for the purpose of the act of 1976 and had a right to hold one unit of land, while the third son mahendrabhai being a minor, he would be part of the family of his mother as defined in section 2(f) of the act of 1976. ..... in the present case, in my view, the state government has rightly held that the mother and the minor son made one family for the purpose of the act of 1976 and their total holding as a family was one-half of the land survey no. ..... the question of 'family' would arise under the act of 1976 for the purpose of computation of total holding of a family and of excess vacant land, if any. ..... 673 admeasuring 4956 sq.meters was admittedly an agricultural land and was exempt from the provisions of the act of 1976. .....

Vithabai Bama Bhandari Indian Inhabitant Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 2009(3)BomCR663; 2009(111)BomLR2093; 2009(4)MhLj693

..... (3) it shall be deemed to have come into force in the states of haryana and punjab and in all the union territories on the 11th day of january,1999 and in any other state which adopts this act under clause (2) of article 252 of the constitution on the date of such adoption; and the reference to repeal of the urban land (ceiling and regulation) act,1976 shall, in relation to any state or union territory, mean the date on which this act comes into force in such state or union territory.38. ..... stand abated in view of section 4 of the urban land ceiling (repeal) act, 1999 and the respondents are now not entitled to resort to the provisions of the urban land (ceiling and regulation) act 1976 in respect of the petitioners land;factual backdrops:in order to appreciate the grievance of the petitioner, few relevant introductory facts needs to be noticed at the outset.2. ..... the maharashtra legislative assembly and the maharashtra legislative council passed a resolution for adopting the repeal act in the state of maharashtra with effect from 29.11.2007.effect of repealing the urban land (ceiling and regulation) act,1976:39. ..... where certain land of a person was declared as surplus under the urban land ceiling act,1976 but the possession of the said surplus land was not taken over by the prescribed authority under the act the effect of repeal of the ulca, 1976 under the urban land (ceiling and regulation) repeal act, 1999 under section 4 would be that the legal proceedings would be abated. .....

State of U.P. and Another Vs. Doon Ydyog (P.) Ltd., Dehradun and Anoth ...

Court : Allahabad

Reported in : 1999(4)AWC3324

..... the urban land (ceiling and regulation) act, 1976 (the principal act for short) has been repealed by the ordinance no. ..... the principal act stands repealed under section 2 of the repealing act but it does not affect the vesting of land in the state government under section 10(3) of the principal act where possession is taken over by the state government or by any authorised person ..... section 3(2) of the repealing act further provides that even where any land is deemed to have vested under section 10(3) of the principal act but possession has not been taken, the land may be restored (divested) after the amount paid by the state government is refunded ..... the state government in view of the repealing act can neither take proceeding to vest the land, nor take possession. ..... the section 4 of the repealing act provides that all proceedings (except under few sections) relating to any order made or purported to be made under the principal act pending at the time of enforcement of the repealing act will abate. ..... thus, the repealing act has come into force in the state of uttar pradesh on 18.3.1999. ..... 15 of 1999 (the repealing act for short) ..... the repealing act, in view of section 1(3) applies to a state fromthe date the resolution in this behalf is passed under article 252(2) of the constitution of india, the standing counsel has brought to my notice a government order dated 31-3.1999, which states that the requisite resolution has been passed on 18.3.1999. ..... 5 of 1999, later replaced by the central act no. .....

Sulochana Chandrakant Galande Vs. Pune Municipal Transport and ors

Court : Supreme Court of India

..... 1018 of 1999, filed by the respondent herein setting aside the order passed by the state government withdrawing the proceedings under the provisions of the urban land (ceiling and regulation) act, 1976 (hereinafter called as, "act, 1976").2. ..... 1018 of 1999 before the high court of maharashtra and the said writ petition has been allowed vide judgment and order dated 20.02.2006 in spite of the fact that the act, 1976 stood repealed by the urban land (ceiling and regulation) repeal act, 1999 (hereinafter called `act 1999') with effect from 18.03.1999. ..... facts and circumstances giving rise to the present case are that the act, 1976 was enacted to provide for imposition of a ceiling on vacant land in urban agglomerations for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith. ..... the said act prescribed the maximum ceiling to which the land can be retained by the owner and determination of the surplus land and transfer thereof in favour of the state after drawing the final statement under section 9 of the act, 1976, and the state would acquire the vacant land in excess of the ceiling limit under section 10 of the act, 1976. ..... the act stood repealed in 1999, but the proceedings pending in any court would stand abated provided the tenure-holder was in possession of the land on the date of the commencement of the act 1999. .....

Kailash and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(1)AWC497

..... under section 10(3) of the urban land (ceiling and regulation) act, 1976, vesting shall be declared by notification etc. ..... they have relied upon their own record to establish the cause under section 10(5) of the urban land (ceiling and regulation) act, 1976. ..... such act was repealed by virtue of the urban land (ceiling and regulation) repeal act, 1999. ..... the impugned land of the writ petitioners is, according to the respondent authority, surplus in nature and had been taken by the authority as per sections 10(5) and 10(6) of the urban land (ceiling and regulation) act, 1976. ..... --all proceedings relating to any order made or purported to be made under the principal act pending immediately before the commencement of this act, before any court, tribunal or any authority shall abate :provided that this section shall not apply to the proceedings relating to sections 11, 12, 13 and 14 of the principal act insofar as such proceedings are relatable to the land, possession of which has been taken over by the state government or any person duly authorised by the state government in this ..... the last part of sub-section (2) under section 3 of the repealing act is in respect of restoration of the land even when the amount can be paid back to the state government. ..... : (2005)3scc632 , that when both vesting and possession are made applicable then the original act will be made applicable but not the repealing act, otherwise repealing act will be applicable. .....

Chabi Nath Son of Sarju Prasad Vs. State of U.P. Through Its Secretary ...

Court : Allahabad

Reported in : 2005(2)AWC1405

..... 54722 of 1999 states:-this petition relates to the urban land (ceiling and regulation) act, 1976 as repealed in 1999. in pt. ..... meters declared surplus under order dated january 27, 1981 passed by the then competent authority under urban land (ceiling and regulation ) act, 1976 'called the act' filed as annexure '2' to the petition, as also a writ of mandamus commanding respondent no. ..... learned standing counsel has, however, submitted that in view of the relief claimed in the writ petition, (as noted above) the petitioner cannot claim benefit of the urban land (ceiling and regulation) repeal act, 1999; copy of which has been filed as annexure '3' to the petition.8. ..... the court, this time, by the order dated 12.01.2005 directed:-'until further order, if petitioner has not been dispossessed in pursuance to the proceedings under urban land (ceiling & regulation act, 1976, the respondents shall not interfere with the possession and enjoyment of the petitioner.'7. ..... abatement of legal proceedings- all proceedings relating to any order made or purported to be made under the principal act pending immediately before the commencement of this act, before any court, tribunal or other authority shall abate;provided that this section shall not apply to the proceedings relating to section 11, 12, 13 and 14 of the principal act in so for as such proceedings are relatable to the land, possession of on which has in'en taken over by the state government or any person duly authorised by the state .....

Bangur Land Devlopment Corportion Ltd. Vs. State of West Bengal and or ...

Court : Kolkata

Reported in : 2008(1)CHN618

..... upon paragraphs 10 and 11 of the said decision wherein it was held that unless and until the state issues necessary notification for repeal, the said act of 1976 is still valid law, even after passing of the urban land (ceiling and regulation) repealed act 1999.12. ..... 1976 the urban land (ceiling and regulation) act came in force and under the provisions of the said act of 1976 the owner was to submit return of the excess land beyond the ceiling limit fixed under the said act of 1976 ..... once it was cleared from the urban land ceiling authority, the order under section 10 of the said act of 1976 stood modified and to that extent the writ petition ..... was made by the collector after recording the fact that although those plots were subject-matter of the land ceiling proceeding, those were cleared by the state as specifically recorded by the collector in the said order.7. ..... the said act of 1976 rejected the application of the appellant and passed an order of vesting in respect of the excess land. ..... relied upon the order dated october 11, 1982 to show that the subject land was declared as vested under section 10(3) of the said act of 1976.11. ..... land covered by the order of vesting passed by the competent authority under the said act of 1976 ..... for retention of surplus land in accordance with the provisions of the said act of 1976. ..... appellant received compensation for twenty-one bighas eight cottahs of land and for the rest acquired land litigation is pending in this court with regard to compensation .....

Smt. Shantabai W/O Mahadev Hishobkar Vs. Sri Krishna S/O Yallappa Pati ...

Court : Karnataka

Reported in : ILR2007KAR363; 2007(3)KarLJ188; 2007(1)KCCR639; 2007(1)AIRKarR602

..... suit by taking note of the change in law; that the provisions of the urban land ceiling act, 1976 had came to be repealed by the year 1999 in terms of the law made by the parliament by urban land (ceiling and regulation) repeal act, 1999 and central act 15 of 1999 which in fact was adopted by the karnataka state on the 8th july, 1999; that in view of this change in law, the requirement of permission by the competent authority under the act no more existed and the only legal impediment which the defendant had pleaded for executing the ..... sale deed had disappeared and in the light of the changed legal position, the suit ought to have been decreed ..... forth by the defendant was that the property having been located in an urban agglomeration, for conveying the property the owner vas required to obtain prior permission from the authorities under the urban land ceiling act, 1976 and though the defendant had made an attempt on two occasions for such purpose, the permission having been declined, the defendant vas not in a position to execute the sale deed and therefore, prayed tor dismissal of the suit.3. .....

Daljit Singh Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR748

..... he further submitted that a notification was also issued by the state of punjab on 30th may, 2000 authenticating repeal of urban land (ceiling and regulation) act, 1976. ..... 3 by invoking provisions of the urban land (ceiling and regulation) act, 1976, while deciding the question of surplus land with the petitioner, declared 11 kanals 6 marlas of land surplus with the petitioner. ..... counsel for the petitioner has submitted that aforesaid act was repeaded by the parliament by passing urban land (ceiling and regulation) repeal act, 1999 (act no. ..... ,1) rendered on january 16, 2001, wherein while dealing with a similar situation, it was held that in view of urban land (ceiling and regulation) repeal act, 1976 (act no. ..... 15 of 1999) and the notification issued by the state of punjab, impugned orders passed by the authorities while exercising powers under the provisions of urban land (ceiling and regulation) act, 1976, have become meaningless, having abated.5. ..... 15 of 1999, and the notification issued by the state of punjab, orders under challenge, stand abated and writ petition is required to be allowed in that regard.4. ..... petitioner has filed this writ petition under article 226/227 of the constitution of india with a prayer to issue writ of certiorari to quash orders dated 28.1.1985 and 25.5.1986, annexures p/l and p/6 respectively.2. ..... 15 of 1999). ..... the state of punjab and ors. ..... counsel contends that in view of the passing of act no. .....

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... urban land (ceiling and regulation) repeal act, 1999, provides that the said act shall apply to such other state which adopts the said act by resolution passed in that behalf under clause (2) of article 252 of the constitution; and whereas, the government of maharashtra is of the opinion that the urban land (ceiling and regulation) act, 1976 should be repealed, in its application to the state of maharashtra, so that land in urban area may be available for housing; now, therefore, in pursuance of clause (2) of article 252 of the constitution of india, the maharashtra legislative assembly hereby resolves that the urban land (ceiling and regulation) repeal act, 1999 ..... having regard to the provisions under section 20(1) and (2) of the urban land (ceiling and regulation) act, 1976 and the provisions under sections 3 and 4 of the urban land (ceiling and regulation) repeal act, 1999, it is to be held that in cases where the vacant land is exempted under section 20 of the principal act and where such exemption is not withdrawn before the enforcement of the repealing act, 1999, such land will become the freehold land irrespective of any conditions with regard to usage of the exempted land. .....