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2014 Supreme(Pat) 991

NAVIN SINHA, VIKASH JAIN
State of Bihar – Appellant
Versus
Helios Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. D. K. Sinha, AAG 2, Mr. Akhileshwar Singh, Mr. Alok Kumar Rahi, AC to AAG 2
For the Respondents: Mr. S. A. Narain, Mr. Sanjay Singh & Mr. Umakant Prasad

ORDER :

NAVIN SINHA, J.


The present appeal arises from order dated 15.5.2012 allowing C W J C no. 6749 of 2011. The Learned Single Judge held that preparation of a draft statement under Section 8 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called “the Act") without complying the procedure prescribed under Section 6 (1) or (2) of the Act rendered the entire proceeding null and void. Since possession of the lands had also not been taken before repeal of the Act, the proceedings lapsed under Section 3 (2) (a) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter called “the Repeal act”) adopted by the Bihar Legislative Assembly on 11.8.2006.

2. Learned AdditioAdvocate General II submitted that the writ application filed in 2011, challenging the final orders passed far back as July, 1999 in Urban land Ceiling case no. 1 of 1998 was grossly barred by unexplained delay and laches. The writ application ought to have been dismissed at the threshold on this ground alone. The draft statement under Section 8 (1) had been sent to the respondent by registered letter no. 326 on 27.6.1998. No objections were filed. The final statement under Section 9 o

































































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