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2011 Supreme(All) 2633

BARIN GHOSH, U.C.DHYANI
Sarvesh Sharma and Another – Appellant
Versus
State of Uttarakhand – Respondent


BARIN GHOSH, C.J.— (ORAL)

In the year 1950, Legislature of the State of Uttar Pradesh enacted the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. This Act is one of those Acts, which has been included in the Ninth Scheduled of the Constitution of India. On 9th November, 2000, bifurcating a part of the State of Uttar Pradesh, State of Uttarakhand was created by and under the Uttar Pradesh Reorganisation Act, 2000. In terms of Section 86 of the 2000 Act, provisions of Part II thereof shall not be deemed to have affected any change in the territories to which Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act 1 of 1961) and any other law enforced immediately before the appointed day, extends or applies, and territorial references in any such law to the State of Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority be construed as meaning the territories within the existing State of Uttar Pradesh before the appointed day. Thus, the 1950 Act continued and still continues to apply to the territory of the State of Uttar Pradesh which became the territory of the State of Uttarakhand. In terms of Section 87 o






















































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