RAM SWARUP AND OTHERS versus S.N. MAIRA AND OTHERS

RAM SWARUP AND OTHERS versus S.N. MAIRA AND OTHERS

Section 12(3) of Haryana Ceiling on Land Holdings Act, 1972 operates retrospectively from 23rd December 1972; surplus land vested with State on that date, and allottees' rights could not be taken away without hearing them; High Court erred in not considering retrospective effect and in passing order without impleading allottees.

Parties
Appellants: RAM SWARUP AND OTHERS; Respondents: S.N. MAIRA AND OTHERS
Jurisdiction
India
Judgment Date
17 December 1998
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in C.w.p. No. 4164 of 1982
Outcome
Appeal allowed
Legal Topics
Vesting of Surplus Land, Retrospective Legislation, Principles of Natural Justice, Allotment Rights
Land Law Administrative Law Vesting of Surplus Land Retrospective Legislation Principles of Natural Justice Allotment Rights

Case Brief

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Parties

RAM SWARUP AND OTHERS

Appellants

S.N. MAIRA AND OTHERS

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment in C.w.p. No. 4164 of 1982

Legal Issues

  1. 1 Whether Section 12(3) of Haryana Ceiling on Land Holdings Act, 1972 operates retrospectively from 23rd December 1972
  2. 2 Whether heirs of original surplus land holder are entitled to re-determination of surplus under Haryana Act
  3. 3 Whether allottees, not made parties in the writ petition, could have their rights affected without hearing

Ratio Decidendi

Section 12(3) of Haryana Ceiling on Land Holdings Act, 1972 operates retrospectively from 23rd December 1972; surplus land vested with State on that date, and allottees' rights could not be taken away without hearing them; High Court erred in not considering retrospective effect and in passing order without impleading allottees.

Court Disposition

Appeal allowed

Orders

  • The decision of the Punjab and Haryana High Court is quashed
  • The writ petition filed by heirs of the original surplus land holder stands dismissed