T.R. THANDUR versus UNION OF INDIA AND ORS.

T.R. THANDUR versus UNION OF INDIA AND ORS.

The exemption under s.20(1)(b) lifts Chapter III restrictions, including on transfer, subject to conditions attached in the exemption. The Supreme Court overrules the decision in S. Vasudeva v. State of Karnataka [1993] 3 SCC 467, holding it did not correctly construe s.20. If the exemption conditions permit transfer, such transfer is lawful; prohibition to transfer irrespective of conditions is unsustainable.

Parties
Petitioner: T.R. Thandur; Respondent: Union of India; Respondent: Karnataka State Government
Jurisdiction
India
Judgment Date
08 April 1996
Procedural Posture
Writ Petition (civil) No. 546 of 1993 / Disposition on Merits by Supreme Court
Outcome
Petition disposed of; S. Vasudeva v. State of Karnataka [1993] 3 SCC 467 overruled to extent inconsistent.
Legal Topics
Urban Land Ceiling, Regulation of Transfer, Exemption From Ceiling, Interpretation of Statutes, Non Arbitrariness, Recording of Reasons
Administrative Law Property Law Constitutional Law Urban Land Ceiling Regulation of Transfer Exemption From Ceiling Interpretation of Statutes Non Arbitrariness +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

T.R. Thandur

Petitioner

Union of India

Respondent

Karnataka State Government

Respondent

Procedural Posture

Writ Petition (civil) No. 546 of 1993 / Disposition on Merits by Supreme Court

Legal Issues

  1. 1 Whether exemption of excess vacant land under s.20(1)(b) of Urban Land (Ceiling and Regulation) Act, 1976 prohibits transfer irrespective of exemption conditions.
  2. 2 Whether decision in S. Vasudeva v. State of Karnataka [1993] 3 SCC 467 correctly construed s.20.
  3. 3 Requirement of recording reasons for exemption under ss.20(1)(a) and (b)

Ratio Decidendi

The exemption under s.20(1)(b) lifts Chapter III restrictions, including on transfer, subject to conditions attached in the exemption. The Supreme Court overrules the decision in S. Vasudeva v. State of Karnataka [1993] 3 SCC 467, holding it did not correctly construe s.20. If the exemption conditions permit transfer, such transfer is lawful; prohibition to transfer irrespective of conditions is unsustainable.

Court Disposition

Petition disposed of; S. Vasudeva v. State of Karnataka [1993] 3 SCC 467 overruled to extent inconsistent.

Orders

  • Petition decided in accordance with ratio above; no costs.