1. Land covered by the Urban Land (Ceiling and Regulation) Act, 1976 — Appeal pending when repeal Act took effect. (Para 1 )
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2001 Supreme(SC) 1670
Supreme Court Of India
S.P. Bharucha, CJI., SYED SHAH MOHAMMED QUADRI, U.C. BANERJEE, S.N. VARIAVAAND SHlVARAJV. PATIL, JJ.
SHANTI BHARDWAJ (SMT) -Appellant;
Versus
STATE OF U.P. AND ANOTHER -Respondents.
Civil Appeal No. 80 of 1995
decided on December 12,2001
Important Points
Pursuant to Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, all proceedings relating to orders made under the Urban Land (Ceiling and Regulation) Act, 1976, pending before the commencement of the repealing Act, shall abate.
Subject
Civil Law - Land Law
Act Referred
Headnote
(A) Urban Land (Ceiling and Regulation) Act, 1976 - Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Section 4 - Repeal of legislation - Abatement of proceedings - All proceedings relating to any order made under the principal Act pending before the commencement of the repealing Act before any court shall abate. (Para 1)
Facts of the case:
A civil appeal was filed concerning land covered by the Urban Land (Ceiling and Regulation) Act, 1976. Subsequently, the said Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Findings of Court:
Under Section 4 of the repealing Act, all proceedings relating to any order made under the principal Act pending before the commencement of the repealing Act before any court shall abate. (Para 1)
Issues: Whether the pending civil appeal abates following the enactment of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Ratio Decidendi: By operation of Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, any proceeding relating to an order under the Urban Land (Ceiling and Regulation) Act, 1976, that remained pending before a court at the time the repealing Act commenced, is deemed to have abated.
Result: Civil appeal disposed of as having abated.
Facts of the case:
A civil appeal was filed concerning land covered by the Urban Land (Ceiling and Regulation) Act, 1976. Subsequently, the said Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Findings of Court:
Under Section 4 of the repealing Act, all proceedings relating to any order made under the principal Act pending before the commencement of the repealing Act before any court shall abate. (Para 1)
Issues: Whether the pending civil appeal abates following the enactment of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
Ratio Decidendi: By operation of Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, any proceeding relating to an order under the Urban Land (Ceiling and Regulation) Act, 1976, that remained pending before a court at the time the repealing Act commenced, is deemed to have abated.
Result: Civil appeal disposed of as having abated.
Legal Category Hierarchy
Table of Contents
2. It was not disputed that proceedings relating to orders under the principal Act had abated. (Para 1 )
3. Section 4 of the Repeal Act provides that all proceedings pending before any court shall abate. (Para 1 )
4. Proceedings relating to an order under the repealed Act pending before a court shall abate upon repeal. (Para 1 )
5. Appeal disposed of as having abated. No order as to costs. (Para 2 , 3 )
6. What happens to pending proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 after its repeal?
All proceedings relating to any order made under the principal Act pending before any court shall abate under Section 4 of the Repeal Act, 1999. (Para 1 )
ORDER
1. This civil appeal relates to land covered by the Urban Land (Ceiling and Regulation) Act, 1976. The said Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Section 4 of the repealing Act states that all proceedings relating to any order made under the principal Act pending before the commencement of the repealing Act before any court shall abate. That these proceedings have abated is not disputed on behalf of the respondents.
2.The civil appeal is, accordingly, disposed of as having abated.
3.No order as to costs.
