STATE OF U.P. versus HARI RAM

STATE OF U.P. versus HARI RAM

Mere vesting of the land under Section 10(3) does not confer de facto possession to the State; unless voluntary surrender, peaceful surrender after notice under Section 10(5), or forceful dispossession under Section 10(6) is proven, land owners are entitled to the benefit of Section 3 of the Repeal Act. Since the State produced no documents showing dispossession before the Repeal Act, respondents are entitled to benefit under Section 3.

Parties
Appellant: State of Uttar Pradesh; Respondent: Hari Ram
Jurisdiction
India
Judgment Date
11 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Urban Land Ceiling, Repeal Act, Acquisition and Vesting, Deeming Provisions
Property Law Administrative Law Statutory Interpretation Urban Land Ceiling Repeal Act Acquisition and Vesting Deeming Provisions

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Parties

State of Uttar Pradesh

Appellant

Hari Ram

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether deemed vesting of surplus land under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976, amounts to taking de facto possession, depriving land holders of benefit of Section 3 of the Repeal Act, 1999.

Ratio Decidendi

Mere vesting of the land under Section 10(3) does not confer de facto possession to the State; unless voluntary surrender, peaceful surrender after notice under Section 10(5), or forceful dispossession under Section 10(6) is proven, land owners are entitled to the benefit of Section 3 of the Repeal Act. Since the State produced no documents showing dispossession before the Repeal Act, respondents are entitled to benefit under Section 3.

Court Disposition

Appeals dismissed

Orders

  • No documents produced by State to show dispossession before Repeal Act; respondents entitled to benefit of Section 3 of the Repeal Act.
  • No order as to costs.