SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1986 Supreme(SC) 436

SUPREME COURT OF INDIA
G.L.Oza : O.Chinnappa Reddy
State Of U.P.
Versus
Mithilesh Kumari, Nahar, Singh
Case No. : 2363 , 2364 of 1986
Date of Decision : 11/11/86

Headnote:

Amendment Act - Section 8 - Principal Act – Section 31 – Employment and service – Appeal against conviction - BY Act 20 of 1976 a considerable number of amendments were made and these amendments if given effect would require redetermination of surplus land under the Principal Act (Act 1 of 1960). S. 8 of the Amendment Act introduced a proviso to S. 9(2) of the Principal Act in the following terms : Provided that at anytime after 10/10/1975, the Prescribed Authority may, by notice, call upon any tenure-holder holding land in excess of the ceiling area applicable to him on the said date, to .submit to him within thirty days from the date of service of such notice a statement referred to in Ss. ( 1 ) or any information pertaining thereto – Held, WHERE an order determining surplus land in relation to a tenure-holder has been made under the Principal Act before the tenth day of October, 1975 the Prescribed Authority (as defined in the Principal Act) may, at any time within a period of two years from the said date, re-determine the surplus land in accordance with the Principal Act as amended by this Act, whether or not any appeal was filed against such order and notwithstanding any appeal (whether pending or decided) against the original order of etermination of surplus land - A plain reading of this transitory provision alongwith proviso to S. 9(2) of the Principal Act (as amended) makes it clear that what was contemplated by S. 31(3) of the Amendment Act was the redetermination of the surplus land, that is to say, the conclusions of the proceeding initiated by the notice issued under the proviso to S. 9(2) of the Principal Act - WE do not sec how any other conclusion is possible. Obviously, the legislature took notice of the fact that 17 years had already passed since the passing of the original Act, and therefore, the legislature was particular that the proceedings for redetermination of surplus land should conclude PS expeditiously as possible – Appeal dismissed

(1) THE question which arises for consideration in these two appeals is whether the period of two years prescribed by S. 31(3) of the U.P. Act 20 of 1976 is the period stipulated for the issuance of the notice contemplated by the proviso to S. 9(2) of the Principal Act (the proviso itself having been introduced by Act 20 of 1976) in connection with redetermination of surplus land to be made as a result of the amendments introduced by Act 20 of 1976 or whether it is the period stipulated for the completion of the proceedings for redetermination of the surplus land consequent upon the notice issued under the proviso to S. 9(2) of the Act.

(2) BY Act 20 of 1976 a considerable number of amendments were made and these amendments if given effect would require redetermination of surplus land under the Principal Act (Act 1 of 1960). S. 8 of the Amendment Act introduced a proviso to S. 9(2) of the Principal Act in the following terms : Provided that at anytime after 10/10/1975, the Prescribed Authority may, by notice, call upon any tenure-holder holding land in excess of the ceiling area applicable to him on the said date, to .submit to him within thirty days from the date of service of such notice a statement referred to in Ss. ( 1 ) or any information pertaining thereto.

(3) S. 31 of the Amendment Act dealt with transitory provisions and Ss. (3) of S. 31 was in the following terms :

WHERE an order determining surplus land in relation to a tenure-holder has been made under the Principal Act before the tenth day of October, 1975 the Prescribed Authority (as defined in the Principal Act) may, at any time within a period of two years from the said date, re-determine the surplus land in accordance with the Principal Act as amended by this Act, whether or not any appeal was filed against such order and notwithstanding any appeal (whether pending or decided) against the original order of etermination of surplus land.

(4) A plain reading of this transitory provision alongwith proviso to S. 9(2) of the Principal Act (as amended) makes it clear that what was contemplated by S. 31(3) of the Amendment Act was the redetermination of the surplus land, that is to say, the conclusions of the proceeding initiated by the notice issued under the proviso to S. 9(2) of the Principal Act.

(5) WE do not sec how any other conclusion is possble. Obviously, the legislature took notice of the fact that 17 years had already passed since the passing of the original Act, and therefore, the legislature was particular that the proceedings for redetermination of surplus land should conclude PS expeditiously as possible. This was the view taken by the High court and we see no reason to depart from it. The appeals are dismissed. There will be no order as to costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top