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VIVEK CHAUDHARY, MANISH KUMAR
Jashoda Beva Thakur – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard.
2. The present writ petition has been preferred with the following main prayers:-
3. Brief facts of the case are that Gata No.623/1/Area 4489.50 Square meter and 6622/Area 913.56 square meter, total area 5403.06 square meter situated in Village Bijnor Pargana
The vesting of land under a specific provision does not confer actual possession to the State unless it is proven that physical possession was taken or voluntarily surrendered.
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
The court ruled that the State must provide evidence of actual possession for land recorded as surplus; mere vesting does not confer ownership rights post-repeal without taking possession.
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
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