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1986 Supreme(SC) 436

G.L.OZA, O.CHHINNAPPA REDDY
State Of U. P. – Appellant
Versus
Mithilesh , Nahar, Singh – Respondent


(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




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