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A.F.R Reserved On: 21.08.2026 Delivered On: 27.10.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35471 of 2025 Kanpur Development Authority …..Petitioner(s)

Versus Hakkim Singh and 4 others …..Respondent(s)

Counsel for Petitioner(s) : Abhinava Krishna Srivastava Counsel for Respondent(s) : C.S.C., Digvijay Kumar Mishra, Shreya Gupta Connected With:-

(1) Writ C No. 35353 of 2025 (Kanpur Development Authority Through its Vice Chairman Vs. Ram Avtar Pal (Deceased) and 7 others)

(2) Writ C No. 6679 of 2026 (Kanpur Development Authority Vs. Madan Mohan Singh and others)

Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.

HON'BLE SUDHANSHU CHAUHAN, J.

(Delivered by Hon’ble Sudhanshu Chauhan,J.)

1. Heard Shri M.C. Chaturvedi, learned Senior Counsel assisted by Shri Abhinava Krishan Srivastava, learned counsel for the petitioner and Shri Ashok Srivastava and Shri Digvijay Kumar Mishra, learned counsel for the respondents.

2. As the three writ petitions arise out of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as, the Act, 1976, and involve the same legal question, hence, all three writ petitions are being decided by this common judgment and order.

WRIT C No. 35353 of 2025.

3. The facts of the case are that the original tenure holder, despite notice under the Act, 1976, did not file a ceiling return. Consequently, the competent authority got a survey made and prepared a draft treatment, which was sent along with notice dated 05.07.1979 under Section 8(3) of the Act, 1976, through registered post. As the tenure holder did not file any objection to the notice, the order under Section 8(4) of the Act, 1976, was passed on 20.07.1983, by means of which 6,632.61sq m of land was declared as vacant surplus. Thereafter, the final statement under Section 9, dated 31.08.1985, was sent to the tenure holder. After the publication of the notification under Section 10(1) and Section 10(3) in the State Gazette, notice under Section 10(5) dated 21.04.1990 was issued. Subsequently, the possession of the land in dispute was taken on 12.11.1991 and handed over to the Kanpur Development Authority. The land in dispute was also recorded in the name of Kanpur Development Authority in the revenue records. The respondents at no point in time had challenged the proceedings initiated under the Act, 1976. In the meanwhile, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as, ‘the Act, 1999’) came into force in the State of U.P. on 18.3.1999.However, it is only sometime in the year 2009 that the private respondents had filed an appeal under Section 33 of the Act, 1976, before the District Judge, Kanpur, against the order dated 20.07.1983 passed under Section 8(4) of the Act, 1976. In the appeal it was admitted that the original land holder had passed away on 21.02.1994 and also that the provisions of the Act, 1976 were not applicable to the land in dispute. The learned District Judge, by means of the impugned judgment and order dated 24.12.2024, had disposed of the appeal while arriving at a finding that record does not support the contention of actual transfer of the land in dispute from the original tenure holder to the State,hence,the appeal is liable to be abated.

WRIT C No.35471 of 2025.

4. The facts of the case are that the original tenure holder, had filed a ceiling return consequently, the competent authority sent a notice under Section 8(3) dated 28.05.1979. However, as no objections were filed by the tenure holder, order under Section 8(4) was passed on 30.10.1982, thereby declaring 16676.46 sq m of land as vacant surplus. Thereafter, notice dated 16.11.1984 under Section 9 containing the final statement was issued through registered post. Subsequently, after publication of notices under Section 10(1) and Section 10(3) in the State Gazette, a notice dated 19.04.1990 was issued under Section 10(5) of the Act, 1976. The possession of the land in dispute