SATYA NARAIN PANDEY versus STATE OF U.P. & OTHERS

SATYA NARAIN PANDEY versus STATE OF U.P. & OTHERS

A building let out as a fully equipped cinema theatre under Section 2(1)(d) is exempt from the Act. The District Magistrate's jurisdiction does not extend to further allotment proceedings once such exemption is established. Applications for allotment confer only a right to be considered for allotment if and when the Act applies. There is no right for prospective allottees to intervene before the District Magistrate in exemption determinations.

Parties
Appellant: Satya Narain Pandey; Respondents: State of U.P. & Others
Jurisdiction
India
Judgment Date
13 January 1988
Procedural Posture
Civil Appeal / Final Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Exemption Under Rent Control Act, Letting of Urban Buildings, Dispute Regarding Lease and Allotment Under U.p. Urban Buildings Act
Rent Control Property Law Statutory Interpretation Exemption Under Rent Control Act Letting of Urban Buildings Dispute Regarding Lease and Allotment Under U.p. Urban Buildings Act

Case Brief

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Parties

Satya Narain Pandey

Appellant

State of U.P. & Others

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether the cinema building in question was exempt from the purview of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 by virtue of Section 2(1)(d)
  2. 2 Whether the District Magistrate had jurisdiction to proceed with allotment after the premises was let out as a fully equipped cinema theatre

Ratio Decidendi

A building let out as a fully equipped cinema theatre under Section 2(1)(d) is exempt from the Act. The District Magistrate's jurisdiction does not extend to further allotment proceedings once such exemption is established. Applications for allotment confer only a right to be considered for allotment if and when the Act applies. There is no right for prospective allottees to intervene before the District Magistrate in exemption determinations.

Court Disposition

Appeal dismissed

Orders

  • The appeals against the order of 20.11.87 are dismissed.
  • Civil Appeal No. 1502/87 is also dismissed.