- (1.) Heard Sri S.K.Tyagi, Advocate, holding brief of Sri W.A.Siddiqui, learned counsel for petitioner and learned Additional Chief Standing Counsel for respondents.
(2.) Petitioner, claiming benefit of Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as the "Repeal Act, 1999"), has filed present writ petition stating that "actual physical possession" of land in dispute was not taken till enactment of Act, 1999, therefore, proceedings initiated under Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act, 1976") have abated and now petitioner cannot be dispossessed from land in dispute which is still in their possession.
(3.) The case set up by petitioner is that she and her sister Smt. Rashidan are co-owner of 1/2 share of Plot No. 410-A, area 242.82 Sq.Meter, 410-B area 490.41 Sq.Meter and plot No.271 area 5220 Sq. Meter situated in village Dhakka, Tehsil and District Moradabad including residential house area 44.58 Sq. Meter. The aforesaid land initially belong to petitioner's father Habibullah (now deceased). Proceedings under Act, 1976 were initiated in respect to aforesaid property and vide order dated 29.12.1977, 1241.71 Sq.Meter land was declared surplus. It is said that Act, 1976 has been repealed by Repeal Act, 1999 and it is provided under Sections 3 and 4 thereof that if possession of land declared surplus under Act, 1976 is not taken by the authorities and have been continuing with land owner, the ceiling proceedings shall abate and after Repeal Act, 1999, the land therefore, will remain with land owner.;