Urban Land (Ceiling and Regulation) Act, 1976: s.20 – Application for exemption under s.20 filed by appellant – State Government rejected the application – Writ petition filed by appellant to set aside the order of State Government rejecting exemption – High Court dismissed the writ petition holding that entire procedure of vesting the land in Government and taking the possession thereof under s.10 of the Act was completed way back in the year 1990 and rejected the plea of appellant that upon repeal of the said Act, the proceedings would abate – On appeal, held: s.3(1)(b) of the Repealing Act provides that the repeal will not affect the validity of an order granting exemption under s.20(1) or any action taken thereunder, notwithstanding any judgment of any Court to the contrary – What is saved by s.3(1)(b) is the validity of an order under which an exemption under s.20(1) has been granted – In the instant case, there was no order for the grant of an exemption under s.20 on the date on which the repeal was brought into force – The appellant did not place in issue either the order of vesting or the consequences which followed under the terms of the Act of 1976 – Once possession was taken over prior to the date of repeal i.e. 31 March 1999, there is no reason to interfere with the judgment of the High Court – Urban Land (Ceiling and Regulation) Repeal Act, 1999 – s.3(1)(b).
State of Gujarat v. Gyanaba Dilavarsinh Jadega (2013)
11 SCC 486 – referred to.
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.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.