- (1.) WE have heard Shri Raj Karan Yadav, learned Counsel for the Petitioners. Learned Standing Counsel appears for the Respondents. The pleadings have been exchanged.
(2.) THE Petitioners filed a return under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (in short the Act) in respect of the land held by them in village Lekhrajpur, District Allahabad in Case No. 72/1976 (State v. Amrit Lal). After a survey a notice under Section 8(3), with a statement on prescribed form, was sent on 22.3.1982, which is stated to be received by Shri Amril Lal on 25.3.1982. The Prescribed Authority passed an order under Section 8(4) on 3.9.1982 recording land of Lekhrajpur situated in Arazi No. 52/, 57/2, 78/2 total area 4147.70 square meters as surplus. It is stated by the Petitioners that the proceedings were taken ex -parte and that the possession has not been taken from the Petitioners. In paragraphs 7 and 8 of the counter affidavit of Shri Devendra Singh, Assistant Engineer, Urban Land Ceiling Department, District Allahabad, it is stated as follows: 7. That the contents of paragraph -8 of the writ petition are not admitted. In reply it is submitted that the tenure holder, Petitioner filed a return under Section 6(1) filed by jointly Amrit Lal, Ram Prasad and Shiv Prasad in Case No. P -72/76 (State v. Amrit Lal) and after survey under Section 8(3) a statement dated 22.3.1982 which is duly received by the Amrit Lal on 25.3.1982 and thereafter neither the Petitioner appeared before the authority concerned nor he has filed objection thereafter. The prescribed authority under Section 8(4) passed an order on 3.9.1982 regarding land of Lekhrajpur situated at Arazi No. 51/,57/2, 78/2 total area 4147.70 square meter declared as surplus. Thereafter under Section 9 last statement was prepared and the original tenure holder Amrit Lal received Section 9 notice on 17.9.1984. Thereafter Section 10(1) and 10(3) notice was published in the gazette on 30.11.1985 and 17.2.1986. Thereafter the declared surplus land vested in the State Government. Under Section 10(5) of Act the declaratory notice issued on 12.1.1998 thereafter all proceedings under the Ceiling Act has been done before the Repeal act came into force. 8. That the contents of paragraphs 9 to 12 of the writ petition are wrong and denied. It is further submitted that under Section 8(4) order was passed on 3.9.1982 and under Section 10(3) publication has been made on 17.2.1996 and proceedings under Section 10(5) has been made on 12.1.1998 and the possession has been taken and the State Government has been recorded in the Revenue record in the Khatauni of 1402 -1407 Fasali year. A photostate copy of Khatauni is being filed herewith and marked as Annexure CA -1 to this affidavit.
(3.) IT is submitted by Shri Raj Karan Yadav, that under Section 3 of the Repeal Act the vesting of the vacant land is not sufficient. Under Sub -section (3) of Section 10 of the Act the possession of the land must be taken by the State or any person authorised by the State Government failing which the entire proceeding would abate under the Repeal Act, 1999. Section 3 and 4 of the Repeal Act, 1999 are quoted as below: 3. Saving. - (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 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 thereunder, 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 authorised 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 be restored unless the amount paid, if any, has been refunded to the State Government. 4. 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 Sections 11, 12, 13 and 14 of the principal Act in so far 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 behalf or by the competent authority.;