JUDGMENT :

Piyush Agrawal, J.

1. By means of the present petition, the petitioners seek a writ of mandamus declaring the entire proceedings, initiated against the petitioners under the Urban Land (Ceiling & Regulation) Act, 1976 as abated in view of the Urban Land (Ceiling & Regulation) Repeal Act, 1999.

2. The brief facts of the case on record are that the petitioners claim that an area of 8041.08 square meters of Khasra Nos. 271 Mi, 272 Mi, 277 Mi, 289 Mi, 279 Mi, 290 Mi, 291 Mi, 392 Mi, 330 Mi and 331 Mi situated in Village -Shekhpura Kadeem, District Saharanpur and Khasra No. 61 situated in Village – Chakpuragpur be exempted from the ceiling proceedings as the petitioners claim to be the owners of the said land.

3. The proceedings under Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as, 'the Act of 1976') were initiated against the petitioner's predecessor. Thereafter, the father of the petitioners filed statement under section 6(1) of the Act of 1976. As the land was agricultural land and does not come under section 2(o) of the Act of 1976, i.e., the 'vacant land', the proceedings of ceiling were dropped on 29.09.1986. Thereafter, again the ceiling proceedings were initiated against the father of the petitioners. On 29.09.1987, the Mahayojana (Master Plan) was introduced in Saharanpur Nagar Basti and on the basis of the old returns, draft statement under section 8(3) of the Act of 1976 was issued on 15.03.1991, in which the total land/building of the tenure holder measuring 11,397.23 square meters and thereafter, a total area of 8041.08 square meters from Khasra Nos. 271 Mi, 272 Mi, 277 Mi, 289 Mi, 279 Mi, 290 Mi, 291 Mi, 392 Mi, 330 Mi and 331 Mi situated in Village -Shekhpura Kadeem, District Saharanpur and Khasra No. 61 situated in Village – Chakpuragpur was proposed to be declared surplus. It is averred that by ex parte order dated 12.06.1998 under section 8(4) of the Act, the land in question was declared surplus.

4. Thereafter, notification under section 10(1) of the Act of 1976 and notification under section 10(3) of the Act of 1976 were sent for publication in the official Gazette on 26.03.1993 and 21.08.1993 respectively. After the publication of the notification, notice under section 10(5) of the Act of 1976 was issued to the tenure holder on 27.01.1994, calling upon the tenure holder to voluntarily surrender their surplus vacant land of 8246.00 square meters. This notice is alleged to be served upon the tenure holders personally by process server.

5. On 29.03.1998, the State claims that Parwana Amal Daramad was issued and the name of the State Government was recorded in the revenue records pursuant to the notice under section 10(5) of the Act of 1976. Thereafter, the surplus land was handed over to the Saharanpur Development Authority on 19.02.2002 and since then, the land in question is in the custody of Saharanpur Development Authority.

6. It is averred that the petitioners are still in physical possession of the land in question, which has been declared surplus. It is further averred that no notice under section 10(5) of the Act of 1976 was issued to the petitioners and the petitioners have never signed any document regarding delivery of possession and in view of section 10(6) of the Act of 1976, no forcible possession was taken by the State Government from the petitioners and actual tenure holder, i.e., the father of the petitioners. It is further averred that the petitioners have not received any compensation of the land in dispute which has been declared surplus. It is further averred that the State Government is alleged to have transferred the land in question in favour of Saharanpur Development Authority on 19.02.2002, much after the coming into force of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as, 'the Act of 1999'). It is clear from the record