STATE OF WEST BENGAL versus SMT. MAYA DUTTA AND ORS .

STATE OF WEST BENGAL versus SMT. MAYA DUTTA AND ORS .

If land sold by Bangur Land Development Corporation Ltd. to Smt. Maya Datta is within the ceiling limit, sale and grant of permission is valid; permission must be granted as per Supreme Court law. Competent authority must decide if seller was within the ceiling limit. If not, land should be computed as part of seller's holding and purchaser bound accordingly.

Parties
Appellant: State of West Bengal; Respondent: Smt. Maya Datta; Bangur Land Development Corporation Ltd.
Jurisdiction
India
Judgment Date
03 April 1997
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 18.5.81 of Calcutta High Court in C.o. No. 1453 of 1981
Outcome
Appeal disposed of
Legal Topics
Urban Land Ceiling, Sale of Land, Permission for Alienation, Ceiling Limit Computation
Land Law Urban Land Ceiling Sale of Land Permission for Alienation Ceiling Limit Computation

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Parties

State of West Bengal

Appellant

Smt. Maya Datta

Respondent

Bangur Land Development Corporation Ltd.

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 18.5.81 of Calcutta High Court in C.o. No. 1453 of 1981

Legal Issues

  1. 1 Whether sale of land post-Urban Land (Ceiling on Regulation) Act, 1976 requires permission for alienation
  2. 2 Whether Bangur Land Development Corporation Ltd. was within land ceiling limit at time of sale
  3. 3 Validity of permission granted for sale under Section 27(2) and (3) of Urban Land Ceiling Act

Ratio Decidendi

If land sold by Bangur Land Development Corporation Ltd. to Smt. Maya Datta is within the ceiling limit, sale and grant of permission is valid; permission must be granted as per Supreme Court law. Competent authority must decide if seller was within the ceiling limit. If not, land should be computed as part of seller's holding and purchaser bound accordingly.

Court Disposition

Appeal disposed of

Orders

  • Appeal disposed of. No costs.
  • Competent authority to decide if seller was within ceiling limit; appropriate action if in excess.