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G. S. AHLUWALIA
Tika Bai Kosta – Appellant
Versus
Secretary State of M. P. – Respondent
ORDER
1. This petition under Article 227 of Constitution of India has been filed seeking the following reliefs :--
“(1) To issue an order/direction/writ of appropriate nature quashing the impugned order dated 20.5.2010.
(ii) To issue an order/writ/direction of appropriate nature holding that the Petitioner are in actual possession of the land in question.
(iii) To issue order/writ/direction of appropriate nature prohibiting the Respondents to alienate or compel the Petitioner to vacate the land.
(iv) To issue order/writ/direction of appropriate nature directing the Respondents to modify the land records in the name of Petitioners.
(v) Any writ order or direction as this Hon'ble Court deems just and fair in the facts and circumstances of the case.
(vi) Costs be awarded to the petitioner.”
2. It is submitted by counsel for the petitioners that after several rounds of litigation, the matter in hand is confined to the fact as to whether the possession was taken as per the provisions of section 10(5) of Urban Land (Ceiling and Regulation) Act or not?
3. It is submitted that earlier by order dated 16.8.2005 passed in W.P.No.7715/2005 a Coordinate Bench of this Court had remanded the ma
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....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
The court held that a writ petition challenging a notice after 26 years is time-barred, as prior proceedings under the Urban Land (Ceiling and Regulation) Act had attained finality.
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 State must prove actual physical possession of surplus land to assert rights under the Urban Land Ceiling Act; failure to do so results in the abatement of proceedings under the Repeal Act.
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
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