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2000 Supreme(SC) 1397

J.JAGANNADHA RAO, DORAISWAMY RAJU
Special Officer And Competent Authority, Urban Land Ceilings – Appellant
Versus
P. S. Rao – Respondent


ORDER

In the order passed by this Court on 17.1.2000 dismissing the SLP by a reasoned order, this Court held that, notwithstanding the fact that a vesting order was passed under the provisions of the (Urban Land Ceiling & Regulation) Act, 1976, it would be open to the owner of the land whose land had so vested, to seek exemption under the provisions of the Act. In the facts of that case, the G.O. issued by the Government granting exemption was issued on 31.10.88 subsequent to the order of vesting on 5.10.87. Notice for surrender was issued by the Government on 16.4.88 and G.O. granting exemption was issued on 31.10.1988. Learned Single Judge and the Division Bench held that the G.O. could be taken advantage of by the respondent even though vesting order had been passed. This order was upheld by this Court against the judgment dated 17.1.2000 mentioned above.

2. The present application for clarification has been filed by the State of Andhra Pradesh for clarifying the position as to whether if possession had not been taken, pursuant to the order of vesting, the owner of the land had a right to seek exemption from the provisions of the Act under Section 20 or under Section 10, by virtue









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