- (1.) Heard Sri Subhash Gosain, Advocate holding brief of Sri S.K. Singh, learned counsel for the petitioner and perused the record.
(2.) Petitioner claims that though certain land of disputed premises was declared surplus under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act, 1976") but since possession thereof was not taken and in the meantime aforesaid Act, 1976 has been repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as the "Act, 1999") which came into force on 22.03.1999, in view of Section 3 thereof now possession of alleged surplus land cannot be taken by treating same as vacant land.
(3.) However, we find from record of this case that learned Standing Counsel produced original record before Court on 26.11.2008 and Court after perusing same found that vide possession certificate dated 19.10.1987 possession of excess/ surplus land was already taken. The order passed by this Court on 26.11.2008, reproduced as under: "Learned Standing Counsel prays for and is granted four weeks' time to file a counteraffidavit. The petitioner will have thereafter two weeks' time to file rejoinderaffidavit. Learned Standing Counsel has produced the original record before this Court. After examining the same, we find that the notice under Section 10(3) was issued on 10.2.1987. Thereafter, another Certificate dated 19.10.1987 was issued certifying that possession of the excess land has already been taken. In view of the aforesaid, no case is made out for grant of any interim order. List after the Affidavits are exchanged." ;