M/S. GANGESHWAR LTD. versus STATE OF U.P. AND ORS.

M/S. GANGESHWAR LTD. versus STATE OF U.P. AND ORS.

To claim exemption under Section 6(a) of the Ceiling Act, both industrial use and a subsisting certificate under Section 143 on the appointed date are necessary; the High Court's settled interpretation is upheld.

Parties
Appellant: M/S. GANGESHWAR LTD.; Respondents: STATE OF U.P. AND ORS.
Jurisdiction
India
Judgment Date
19 September 1995
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Ceiling on Land Holdings, Industrial Use Exemption, Section 6 U.p. Imposition of Ceiling on Land Holdings Act, 1960, Section 143 U.p. Zamindari Abolition and Land Reforms Act, 1950
Land Law Ceiling on Land Holdings Industrial Use Exemption Section 6 U.p. Imposition of Ceiling on Land Holdings Act, 1960 Section 143 U.p. Zamindari Abolition and Land Reforms Act, 1950

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Parties

M/S. GANGESHWAR LTD.

Appellant

STATE OF U.P. AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court

Legal Issues

  1. 1 Whether land used for industrial purposes is exempt from ceiling determination under Section 6(a) of the Ceiling Act without a subsisting certificate under Section 143 of the Zamindari Act on the appointed date.

Ratio Decidendi

To claim exemption under Section 6(a) of the Ceiling Act, both industrial use and a subsisting certificate under Section 143 on the appointed date are necessary; the High Court's settled interpretation is upheld.

Court Disposition

Appeal dismissed

Orders

  • Orders of the High Court left uninterfered with
  • No costs