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SANJAY DWIVEDI
Manoj Patel – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Since pleadings are complete, record of ceiling proceeding is also available, therefore, with the joint request of learned counsel for the parties, this petition is heard finally.
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioners are challenging the order dated 31.1.2022 (Annexure-P/9) passed by the competent authority/respondent No.2 whereby the authority rejected their application preferred under Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short the ‘Act, 1999’) for declaring the proceeding initiated by the respondents abated in respect of vesting the land of original owner in the State under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (for short the ‘Act, 1976’).
3. The facts of the case in short are that respondent No.2 for declaring the land of original owners namely Buddhulal Patel and Panchamlal Patel to be surplus, instituted a case under the provisions of the Act, 1976 which got registered as Case No.217/A-90(B-9)/81-82. Since the said proceeding was initiated only against Buddhulal Patel, therefore, he not only objected the same but also denied vesting of land in the St
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 established that proceedings under the Urban Land (Ceiling and Regulation) Act abate if possession is not taken before the Repeal Act, but claims can be dismissed on grounds of delay.
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
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