STATE OF UTTAR PRADESH Vs. MADHOKUMARSWARUP
LAWS(SC)-1995-12-96
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 14,1995

STATE OF UTTAR PRADESH Appellant
VERSUS
Madhokumarswarup Respondents

JUDGEMENT

- (1.) Both the appeals are disposed of by common judgment since the State and the aggrieved persons against the orders of the prescribed authorities etc. have ultimately come to this court in these appeals.
(2.) It is not necessary to narrate all the facts in detail. Suffice it to state that under Section 10 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960, (for short 'the Principal Act') , proceedings were initiated and ceiling area was determined. Thereon controversy has arisen as to the extent of the ceiling area required to be retained by the respondent and surplus land that stood vested in the State which is the subject-matter of appeals in this court.
(3.) Even before their filing, the U. P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (Act 18 of 1973 (for short 'the Amendment Act') , had come into force with effect from 8/6/1973. Section 19 of the Amendment Act provides thus: "19.Transitory provisions.- (1 All proceedings for the determination of surplus land under Section 9, Section 10, Section 11, Section 12, Section 13 or Section 30 of the principal Act, pending before any court or authority at the time of the commencement of this Act, shall abate and the prescribed authority shall start the proceedings for determination of the ceiling area under that Act afresh by issue of a notice under Ss. (2 of Section 9 of that Act as inserted by this Act: Provided that the ceiling area in such cases shall be determined in the following manner- (a) firstly, the ceiling area shall be determined in accordance with the principal Act, as it stood before its amendment by this Act; (b) thereafter, the ceiling area shall be redetermined in accordance with the provisions of the principal Act as amended by this Act. "ss. (2 thereof is not material for the purpose of these cases, hence omitted.;


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