Lal Vs. State of M.P.& Ors  Insc 123 (22 February 2005)
Singh & Arun Kumar
office report ) Date: 22/02/2005 This Appeal was called on for
MR. JUSTICE B.P. SINGH HON'BLE MR. JUSTICE ARUN KUMAR For Appellant(s) Mr. A.K.
Respondent(s) Mr.Mohit Singh, Adv.
M.P. Mr. Satish K. Agnihotri,Adv.
hearing counsel the Court made the following
appeal is disposed of in terms of the signed judgment.
Dhingra) Court Master (Vijay Dhawan) Court Master [Signed judgment is placed on
the file] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL
APPEAL No.1529 OF 2000 KISHAN LAL Appellant (s) VERSUS STATE OF M.P. AND ORS.
Respondent(s) B.P. SINGH,J.
counsel for the parties.
appeal by special leave has been preferred by the appellant against the
judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 23rd June, 1999 passed in writ petition No.2604/99. By the aforesaid judgment
and order the High Court dismissed the writ petition preferred by the appellant
and affirmed the orders passed by the authorities under the Urban Land (Ceiling
and Regulation) Act, 1976 holding that the appeal preferred by the appellant
before the Commissioner Jabalpur Division being an appeal under Section 33 of
the aforesaid Act was barred by time.
submitted before us that the Parliament enacted the Urban Land (Ceiling and
Regulation) Repeal Act, 1999 (Act No.45/99) which received the assent of the
President on 22nd March, 1999 but which is 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 of India on the date of such adoption.
It is the further submission of counsel for the appellant on the basis of the
notification produced before us dated 9th March, 2000, that in exercise of the
power conferred under clause (2) of Article 252 of the Constitution of India,
the said Act has been adopted by the State of Madhya Pradesh by a resolution
which was notified in the Gazette on 9th March, 2000, and which specifies 17th
February, 2000 as the date with effect from which the said resolution operates.
have perused the aforesaid Repeal Act of 1999 which has been adopted by the
State of Madhya Pradesh and we find that under Section 3 the repeal of the
principal Act does not affect the vesting of any vacant land under sub-Section
(3) of Section 10, possession of which has been taken over by the State
Government or any person duly authorised by the State Government in this behalf
or by the competent authority. There are some other provisions in the said
Section which are relevant in deciding the question as to whether the repeal
shall affect such vesting. Sub-Section (4) of Section 3 provides that 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. The proviso to the said
sub-Section is not relevant for the disposal of this appeal.
for the appellant submits that possession of the land has never been taken by
the State or any person authorised by the State. On the other hand, counsel for
the State submits that possession has been taken and as a result thereof the
land vests in the State of Madhya Pradesh and is unaffected by the Repeal Act.
not necessary for us to make an inquiry as to whether the assertion of the
appellant is correct or whether the denial by the State is justified. There is
no material before us on the basis of which we can record a finding whether the
possession of the land has been taken over from the appellant. Hence, for want
of relevant material, we cannot go into this question and it is only
appropriate that the matter be remitted to the High Court for a decision in
accordance with law after giving to the parties opportunity of placing their
respective cases before the High Court. We are also not expressing any opinion
on the question as to whether sub-Section (4) of Section 3 will apply to the
facts of this case in view of the fact that this appeal was pending before this
Court when the Repeal Act came into force. That is a matter which may also be
considered by the High Court.
therefore, remit this matter to the High Court to consider the aforesaid
questions which arise in this appeal on account of passing of the Repeal Act of
1999 which has been adopted by the State of Madhya Pradesh.
High Court will give opportunity to the parties to place material on record, on
the basis of which the High Court may give its decision.
appeal is disposed of accordingly.