S. P. WATEL AND OTHERS versus STATE OF U.P.

S. P. WATEL AND OTHERS versus STATE OF U.P.

Section 2(1)(d) applies only to land actually used for agricultural purposes, including groves and pastures, not merely by virtue of lease purpose. Therefore, without proof that the disputed land was an agricultural area on the relevant date, no valid notification under section 8 could be issued.

Parties
Petitioner: S. P. Watel and others; Respondent: State of U.P.; Respondent (in Appeals): C. B. Agarwala and M. M. Kshatriya
Jurisdiction
India
Judgment Date
28 March 1973
Procedural Posture
Civil Appeals and Writ Petition / Appeal From Allahabad High Court; Writ Petition Under Article 32
Outcome
Appeals and writ petition allowed
Legal Topics
Zamindari Abolition, Land Reforms, Interpretation of Agricultural Area, Building Lease, Validity of Vested Land Notification
Land Law Constitutional Law Zamindari Abolition Land Reforms Interpretation of Agricultural Area Building Lease Validity of Vested Land Notification

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Parties

S. P. Watel and others

Petitioner

State of U.P.

Respondent

C. B. Agarwala and M. M. Kshatriya

Respondent (in Appeals)

Procedural Posture

Civil Appeals and Writ Petition / Appeal From Allahabad High Court; Writ Petition Under Article 32

Legal Issues

  1. 1 Whether land leased for planting a grove, erecting buildings, etc., falls exclusively under section 2(1)(d) and is an agricultural area under the U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1956
  2. 2 Whether protection of Article 31A of the Constitution is available to section 2(1)(d)
  3. 3 Whether the notification under section 8 of the Act could be issued in respect of the disputed land

Ratio Decidendi

Section 2(1)(d) applies only to land actually used for agricultural purposes, including groves and pastures, not merely by virtue of lease purpose. Therefore, without proof that the disputed land was an agricultural area on the relevant date, no valid notification under section 8 could be issued.

Court Disposition

Appeals and writ petition allowed

Orders

  • Notification under section 8 of the Act dated June 16, 1964 quashed so far as it concerns the land in dispute.
  • Orders of the High Court abating the appeals and suits set aside.