The court emphasized that the repeal of the principal Act does not affect the vesting of vacant land and concluded proceedings, except for pending proceedings, as provided under the Repeal Act.

JUDGMENT :

(Shree Chandrashekhar, J.)

Moti Mahto who was aggrieved by the orders dated 13th June 1988/5th August 1988 passed by the Deputy Commissioner and 30th May 1997 passed by the Commissioner, who is the appellate authority, approached the writ Court in CWJC No.730 of 1998(R). The writ Court declined to interfere with the orders passed by the statutory authorities under the Urban Land (Ceiling and Regulation) Act, 1976 (in short, Ceiling Act). Aggrieved by the order dated 8th February 2021 dismissing the writ petition, Moti Mahto has filed this Letters Patent Appeal.

2. The writ Court did not interfere with the orders passed by the statutory authorities primarily for the reason that the appellant could not produce any evidence to demonstrate that the nature of the lands on Plot Nos. 1248, 1529, 1511, 1287, 1292, 1299, 305, 1315 and 1251 spread over an area of 05.38 acres within Khata No.60 of village Gari under Sadar PS in the district of Ranchi was agricultural land and, that, he was in possession over the subject lands. The writ Court further held that possession of the subject lands was taken by the State in the year 1988 and while so the resolution dated 24th January 2011 by which the Urban Land (Ceiling and Regulation) Repeal Act, 1999 became effective in the State of Jharkhand shall not affect the orders passed by the Deputy Commissioner in ULC Case No.407 of 1978 and the Commissioner, South Chhotanagpur in Urban Land Ceiling Appeal No.14 of 1989.

3. The main plank of the appellant to challenge the writ Court’s order dated 8th February 2021 is the interim order passed by the writ Court on 22nd April 1998 which reads as under:

“Admit.

As Mr. P.D. Agarwal, learned Government Advocate, has appeared and accepted notice on behalf of all the respondents, no notice need be issued to them.

Till further order of the Court, the operation of the orders dated 13/6/1988 / 5/8/1988 and 30-5-1997, as contained in Annexures-3 and 4, respectively, as also the notice as contained in Annexure-5 shall remain stayed.

Learned Government Advocate prays for and is granted six weeks time to file counter-affidavit.”

4. The writ Court by the aforesaid order dated 22nd April 1998 stayed the operation of the orders passed by the Deputy Commissioner, Ranchi and Commissioner, South Chhotanagpur Division. This is also quite evident at a glance at the aforesaid interim order that notice dated 25th January 1998 issued to the appellant for vacating the subject lands was also stayed by the writ Court. Based on the interim order dated 22nd April 1998, the appellant takes a plea that possession of the subject lands was not taken by the State and therefore on repeal of the Ceiling Act the proceedings thereunder shall abate. To lay support to the ground put forth on behalf of the appellant, Mr. Sanjay Kumar Sinha, the learned counsel refers to “Ghasitey Lal Sahu v. Competent Authority” (2004) 13 SCC 452.

5. Before the writ Court, the appellant pleaded that the subject lands were described as don/tand in the revisional survey record of rights and the same are not included in the master plan for Ranchi. On enforcement of the Ceiling Act, he filed a return under section 6 providing details of his lands claiming that the lands were agricultural lands and thus outside the purview of the Ceiling Act. On his filing of the return, a draft statement under section 8(1) was prepared and served upon him to which he filed his objection under section 8(3). The appellant reiterated his stand that the subject lands were not shown as a building site in the master plan, and he was entitled to 1/3rd share as a member of the Hindu Undivided Family. The appellant further pleaded that as a precautionary measure he made an application under section 21 of the Ceiling Act for exemption from the Ceiling Act and, pursuant thereto, the Kanoongo submitted a report dated 30th March 1986