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2021 Supreme(SC) 27

SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY
Bajranga (Dead) – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Pratibha Jain.
For the Respondent: Sunny Choudhary.

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The social objective of providing land to the tiller and the landless post independence was sought to be sub-served by bringing in ceiling in agricultural holdings in different States. It is towards this objective that the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the ‘said Act’) was brought into force in 1960. The said Act, inter-alia, provided for acquisition as well as disposal of surplus land.

2. The predecessor-in-interest of the appellant (now represented by the LRs) was the bhumiswami of agricultural dry land measuring 64.438 acres situated in Village Bagadua, Paragna Sheopur Kala, District Morena, Madhya Pradesh. He was, thus, stated to be holding land in excess of the ceiling limit prescribed as per Section 7(b) of the said Act, whereby a holder along with his family of five members or less could hold a maximum amount of 54 acres of land. As a sequitur thereto the competent authority/competent officer (respondent No. 2 herein) initiated the process to acquire the surplus land and issued a draft statement in Land Ceiling Case No. 180/75-76/A-90(B) for acquisition of 10.436 acres of dry land from S


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