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2006 Supreme(All) 945

AMITAVA LALA, SHIV SHANKER
HARISH TANDON – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ravi Kant and Pushkar Mehrotra for the Petitioner; R.K. Awasthi, Standing Counsel for the Respondents.

JUDGMENT

Honble Amitava Lala, J.—This case is made out basically for conversion of leasehold ‘Nazul’ land to freehold land along with various other reliefs. Therefore, let us first of all know that is ‘Nazul’? ‘Nazul’ means any land or building which, being the property of Government is not administered as a State property under the control of the Land Reforms Commissioner, or the forest, or the Irrigation Department, or is not under the control of the Military, Postal, Telegraph, Railway or other purely Central Government Department. It means properties i.e. land or buildings in or near towns or villages which have escheated or lapsed to the Government. In further, in absence of appropriate heir, the appropriate State or the Government of India, in an appropriate case became the owner of the land. Article 296 of the Constitution of India speaks about the property accruing by escheat or lapse or as an bona vacantia for want of a rightful owner.

2. Originally the writ petition was filed by the petitioner on 27th January, 1999 prying inter alia for quashing the Government Order dated 1st December, 1998, suitable order for conversion of land after disposal of S.L.P. No. 1157-59 of 1998


















































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