STATE OF U.P. & ORS. Vs. ADARSH SEVA SAHKARI SAMITI LTD.
LAWS(SC)-2016-1-148
SUPREME COURT OF INDIA
Decided on January 19,2016

State of U.P. and Ors. Appellant
VERSUS
Adarsh Seva Sahkari Samiti Ltd. Respondents

JUDGEMENT

V.GOPALA GOWDA,J.UDAY UMESH LALIT,J. - (1.) Our attention was drawn to the original records,the Order under Sections 8(4), 9 and notification issued under Sections 10(1) and 10(3) of the Urban Land (Ceiling & Regulation) Act, 1976 (now repealed) and possession certificates in respect of each case respectively. All the lands which are the subject matter in these appeals have been purchased by the respondent herein from the original declarants/ land owners during the years 1991 -1992.
(2.) After the order under Section 8(4) of the Act was passed, and notification was issued under Section 10(3) of the Act.
(3.) The same was followed by issuance of notice under Section 10(5) of the Act to the declarant calling upon him to deliver possession of the land declared as surplus. Indisputably, the respondent has purchased the said property after the notification was issued under Section 10(3) of the Act. However, no person is permitted to transfer the title of excess vacant land after the publication of notification, which is prescribed under Section 10(4) of the Act. Section 10(4) of the Act reads thus: "10 "Acquisition of vacant land in excess of ceiling limit.;


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