S. V ASUDEVETC. ETC. versus STATE OF KARNATAKA AND ORS.

S. V ASUDEVETC. ETC. versus STATE OF KARNATAKA AND ORS.

Section 20(1)(b) of the Urban Land (Ceiling & Regulation) Act, 1976 does not permit exemption for purposes of transfer. State Government’s orders granting permission to sell excess vacant land were void ab initio and the resulting sale-deed is invalid and inoperative. Classification for purposes of exemption based on financial hardship is discriminatory and violative of Article 14.

Parties
Appellant: S. Vasudeva; Respondent: State of Karnataka; Respondent: M/s Narayanaswamy & Sons; Respondent: M/s Reevajethu Builders & Developers
Jurisdiction
India
Judgment Date
30 March 1993
Procedural Posture
Appeals / Supreme Court Judgment on Appeal From Division Bench Decision of High Court
Outcome
Appeals allowed; impugned order of High Court set aside; orders granting exemption and sale permission declared void; sale-deed between firm and builders declared invalid and inoperative; costs awarded to appellants.
Legal Topics
Urban Land (ceiling & Regulation) Act, 1976, Exemption of Excess Vacant Land, Transfer Restrictions, Discrimination Under Article 14
Urban Property Law Constitutional Law Urban Land (ceiling & Regulation) Act, 1976 Exemption of Excess Vacant Land Transfer Restrictions Discrimination Under Article 14

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Parties

S. Vasudeva

Appellant

State of Karnataka

Respondent

M/s Narayanaswamy & Sons

Respondent

M/s Reevajethu Builders & Developers

Respondent

Procedural Posture

Appeals / Supreme Court Judgment on Appeal From Division Bench Decision of High Court

Legal Issues

  1. 1 Whether Section 20(1)(b) of the Urban Land (Ceiling & Regulation) Act, 1976 permits State Government to exempt excess vacant land for purposes of transfer
  2. 2 Whether such exemption or permission to transfer is violative of Article 14 of the Constitution of India, 1950

Ratio Decidendi

Section 20(1)(b) of the Urban Land (Ceiling & Regulation) Act, 1976 does not permit exemption for purposes of transfer. State Government’s orders granting permission to sell excess vacant land were void ab initio and the resulting sale-deed is invalid and inoperative. Classification for purposes of exemption based on financial hardship is discriminatory and violative of Article 14.

Court Disposition

Appeals allowed; impugned order of High Court set aside; orders granting exemption and sale permission declared void; sale-deed between firm and builders declared invalid and inoperative; costs awarded to appellants.

Orders

  • Orders dated 6.3.1987 and 18.4.1987 granting exemption and permission to sell are void ab initio.
  • Sale-deed dated 30.9.1987 is invalid and inoperative.