- (1.) We have heard Sri Ravi Kiran Jain, learned senior advocate for the Petitioner. Sri Sanjai Goswami, learned standing counsel appears for the Respondents.
(2.) M/s. Star Paper Mills Ltd. -the Petitioner has prayed for a declaration that the Urban Land (Ceiling and Regulation) Act, 1976 has no application in respect of commercial land, and to set aside judgment dated 31.8.1996, passed by the District Judge, Saharanpur to the extent that the same declares 1,24,007.062 sq. mtr. of land held by the Petitioner as excess vacant land. The Company has also prayed for directions, not to interfere in their peaceful use and occupation of the land.
(3.) The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act of 1976) was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, (hereinafter referred to as the Act of 1999) w.e.f. 22.3.1999. Section 3 of the Repealing Act provides as follows: 3. Savings.--(1) The repeal of the principal Act shall not affect-- (a) 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; (b) the validity of any order granting exemption under Sub-section (1) of Section 20 or any action taken there under, notwithstanding any judgment of any Court to the contrary ; (c) any payment made to the State Government as a condition for granting exemption under Sub-section (1) of Section 20. (2) Where-- (a) any land is deemed to have vested in the State Government under Sub-section (3) of Section 10 of the principal Act but possession of which has not been taken over by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority ; and (b) any amount has been paid by the State Government with respect to such land, then such land shall not restored unless the amount paid, if any, has been refunded to the State Government.;