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2016 Supreme(SC) 618

DIPAK MISRA, ROHINTON FALI NARIMAN
Arvind Kumar – Appellant
Versus
State of U. P. – Respondent


JUDGMENT :

R.F. Nariman, J.

1. The present case involves the Court going through a dense jungle which consists of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 [hereinafter referred to as “the principal Act”] and three Amendment Acts made thereto. With the help of learned counsel for both the sides, we have waded through the various Sections and sub-sections of these Acts, only for the purpose of having to decide one basic question: as to whether ceiling proceedings in respect of the land in question have lapsed owing to Section 31 of the 1976 Amendment Act.

2. The brief facts necessary to decide the present case are as follows. A notice under Section 10(2) of the principal Act, was served upon the tenure-holder, one Kamla Devi, to file objections against a proposal to declare 51.29 acres as surplus land. Pursuant to the said notice, objections were filed by the late Kamla Devi as also by appellants 1 to 3, her legal heirs. According to the appellants, on a correct construction of the Act, there was no surplus land. Meanwhile, the Prescribed Authority under the Act passed an order dated 13.1.1975 by which order the entire land that was the subject matter of the notice, was































































































































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