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2010 Supreme(All) 3241

SUNIL AMBWANI, VIRENDRA SINGH
STAR PAPER MILLS LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ravi Kiran Jain, Ghayyure Alam, P.K. Jain and Ankur Sharma for the Petitioner; Sanjay Goswami, C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Sri Ravi Kiran Jain, learned Senior Advocate for the petitioner. Sri Sanjai Goswami, learned standing counsel appears for the respondents.

2. M/s. Star Paper Mills Ltd - the petitioner has prayed for a declaration that the Urban Land (Ceiling and Regulation) Act 1976 has no application in respect of commercial land, and to set aside judgment dated 31.8.1996 passed by the District Judge, Saharanpur to the extent that the same declares 1,24,007.062 sq.mtr of land held by the petitioner as excess vacant land. The Company has also prayed for directions, not to interfere in their peaceful use and occupation of the land.

3. The Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as the Act of 1976) was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999, (hereinafter referred to as the Act of 1999) w.e.f. 22.3.1999.

Section 3 of the Repealing Act provides as follows:

3. Savings.—(1) The repeal of the principal Act shall not affect -

(a) the vesting of any vacant land under sub-section (3) of Section 10, possession of which has been taken over by the State Government or any person duly by the State Government in this be

























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