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Civil · Reportable judgment

Case Details M/s. Kewal Court Pvt. Ltd. and Anr. vs The State of West Bengal and Ors.

Court
Supreme Court of India
Date
9 October 2023
Case No.
Civil Appeal No. 6257 of 2014
Bench
Surya Kant, Dipankar Datta
Citation
[2023] 13 S.C.R. 724 : 2023 INSC 884
Supreme Court Reports [2023] 13 S.C.R. 724 : 2023 INSC 884
Issue for consideration
The issue pertains to the true construction, meaning and import of the expression ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 especially with reference to sub-clause (i) thereof.
Headnote

Urban Land (Ceiling and Regulation) Act, 1976 – s.2(q) – Expression ‘Vacant land’ – Construction, meaning and import of – Interpretation and scope of s.2(q)(i) & (ii):

Held: Discordance between *Jhonson’s case [two-Judge Bench] and **Billimoria’s case [three-Judge Bench] on interpretation of s. 2(q)(i) – Ceiling Act is an expropriatory legislation – `Payment’ u/s. 11 of the Act to a land owner is not fair and just market value of the surplus vacant land – Principles of strict construction would thus be attracted to such a statute – Interpretation, spirit and object of the Ceiling Act, as it was envisaged at the time of its enactment, when juxtaposed against the regressive impact experienced in different States which is indicated in the statement of objects and reasons of the Repeal Act, needs determination of all the related issues by a larger bench – Thus, matter to be placed before Hon’ble CJI for appropriate directions – Reference to larger bench. [Para 33-37] LIST OF CITATIONS AND OTHER REFERENCES

*State of U.P. and Others v. L.J. Jhonson and Others (1983) 4 SCC

110 : [1983] 3 SCR 897; Meera Gupta (Smt.) v. State of West Bengal and Others (1992) 2 SCC 494 : [1991] 1 Suppl. SCR 501; Angoori Devi (Smt.) v. State of Uttar Pradesh and Others (1997) 2 SCC 434; Angoori Devi (Smt.) v. State of U.P. and Others (1997) 7 SCC 757; **State of Maharashtra and Another v. B. E. Billimoria and Others (2003) 7 SCC 336 : [2003] 2 Suppl. SCR 603; Atmaram Aggarwal v. State of U.P. (1993) 1 Suppl. SCC 1; Kunj Behari Lal v. District Judge, Gorakhpur (1997) 6 SCC 257 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT SURYA KANT, J. 1. The issue that falls for consideration in this case revolves around the true construction, meaning and import of the expression ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 (in short, the ‘Ceiling Act’), especially with reference to sub-clause (i) thereof. 2. Notwithstanding the fact that ‘urban land’ or any regulatory measures in relation thereto fall within the exclusive domain of a State Legislature in terms of Entry 18 of List II—State List under the Seventh Schedule of the
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