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2023 Supreme(Chh) 421

GOUTAM BHADURI, SANJAY S. AGRAWAL
Pushpa Devi, W/o. Shri Makhan Singh – Appellant
Versus
Union Of India Through The Ministry Of Law And Legislative Affairs – Respondent


Advocates Appeared:
For the Petitioners: Shri B.P. Sharma along with Shri Ankur Agrawal and Shri Nitesh Jain; Shri Prafull N. Bharat, learned Senior Adv. appears as Amicus Curiae.
For the Respondents: Shri Tushar Dhar Diwan; Shri Amrito Das, Additional AG along with Shri Arijit Tiwari, Panel Lawyer; Shri H.B. Agrawal, learned Sr. Adv. appears along with Shri Pankaj Agrawal and Smt. Swati Agrawal as also Shri Ashish Shrivastava, learned Sr. Adv. appears along with Shri Ankur Diwan; Shri Ravindra Sharma along with Shri Rakesh Manikpuri.

ORDER :

(Goutam Bhaduri, J.)

1. By the present petitions, the constitutional validity of Chhattisgarh Land Holdings (Validation) Act, 2013 (In short “the Act of 2013”), is challenged on the ground that it has received the assent of the Governor on 13.07.2013 which is contrary to the provisions of the Indian Stamp Act, 1899; the Indian Registration Act, 1908; the Transfer of Property Act, 1882; the Central Acts and the Chhattisgarh Land Revenue Code, 1959. The petitioners, who claimed the subject land from their erstwhile owner, submitted that the acquisition of the land by an agreement cannot be validated by the present Act of 2013 and the State Legislature is repugnant to Article 254 of the Constitution of India.

2. Learned counsel for the respective petitioners would submit that the Act of 2013 has not received the consent of the President of India under Article 254(2) of the Constitution of India and Section 3 of the said Act, which validate the sale, exchange and transfer of land under the agreement of exchange or agreement to sell will override Section 17(1)(b) of the Indian Registration Act,1908 and Section 35 of the Indian Stamp Act. He would submit that on the sole ground, the

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