Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—By these proceedings under Article 226 of the Constitution, the petitioner has sought to challenge an order dated 10 May 2007 passed by the District Magistrate, Kanpur Nagar holding that possession of the land declared surplus having been taken on 25 June 1993, the petitioner was not entitled to the benefit of the provisions of Section 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, Repeal act (Act No 15 of 1999).

2. The dispute in the present case relates to land admeasuring 83423.42 sq meter situated in Village Taudhakpur, Pargana and District Kanpur Nagar. In pursuance of the return submitted by the petitioner who is the tenure holder, a draft statement under Section 8(3) of the Urban Land (Ceiling and Regulation) Act, 1976, Principal Act was issued. On 25 January 1983, an order was passed under Section 8(4) by which, after exempting an area admeasuring 1000 sq meter of land, 83423.42 sq meter was declared as surplus. Following the final draft statement, a notification under Section 10(1) was issued on 15 May 1985. Thereafter, a notification under Section 10(3) was issued and published in the official gazet