Back
DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Majeti Sambrajyam – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
R. RAGHUNANDAN RAO, J. - Heard Sri Balaji Medamalli, Mr. S. Raja Sekhar Kashyap, Mr. M.V.S. Suresh Kumar and Sri G. Pedda Babu, learned counsel appearing on behalf of Sri G. Ramachandra Rao, learned counsel for the petitioners/appellants and Sri D.V. Seetharam Murthy, Sri S.S. Bhatt, learned Government Pleader for Revenue and Additional Advocate General, appearing for the respondents.
2. The Urban Land (Ceiling and Regulation) Act, 1976 (for short "the Act") came into effect on 17/2/1976. By that date, one Sri M.Venkata Subba Rao was the owner of Ac.2.00 of land and Smt. M. Sambrajyam was the owner of Ac.1.00 cents of land in Survey No.7 of Vidyadharapuram, Vijayawada Municipal area. They had filed applications, for exemption under Sec. 20 of the Act, from the provisions of the Act on 21/5/1979. While these petitions were pending, both Sri M.V Subba Rao and Smt. M. Sambrajyam were declared to be holding excess land to an extent of 6218 sq.mts in CC.B1-337/1976 and 2547 sq.mts in CC.B1- 285/1976 respectively. In the case of Sri M.V. Subba Rao, the proceedings under Sec. 10(1) of the Act on 21/9/2018 was published in the Gazette dtd. 20/11/1998, the proceedings under Sec. 10(
Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-repeal.
It is incumbent upon the competent authority to be in actual possession of the property for substantiating its stand that the provisions of repeal Act would not be applicable.
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
The main legal point established in the judgment is that the State must establish the voluntary surrender of vacant land or forceable dispossession under the ULC Act. Failure to do so entitles the la....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
