VINOD KUMAR versus THE COMMISSIONER AND ORS.

VINOD KUMAR versus THE COMMISSIONER AND ORS.

The relevant date for determination of ceiling area under Section 29 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, in cases where right is acquired by virtue of a decree or order, is the date of such decree or order. Here, respondent Nos. 3, 4 and 5 became tenure-holders only on and from Supreme Court judgment dated 23.11.1989, so ceiling calculation must be with reference to that date, not the Act's commencement.

Parties
Appellant: Vinod Kumar; Respondents: The Commissioner and Ors.; Respondent: Meerut Development Authority; Respondent No. 3: Yashvir Singh; Respondent No. 4: Satvir Singh; Respondent No. 5: Jagdishpal Singh
Jurisdiction
India
Judgment Date
27 April 2004
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Allahabad High Court
Outcome
Appeals dismissed
Legal Topics
Imposition of Ceiling on Land Holdings, Ceiling Area Determination, Tenure Holder Rights, Title and Possession After Court Decree
Land Law Constitutional Law Imposition of Ceiling on Land Holdings Ceiling Area Determination Tenure Holder Rights Title and Possession After Court Decree

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Parties

Vinod Kumar

Appellant

The Commissioner and Ors.

Respondents

Meerut Development Authority

Respondent

Yashvir Singh

Respondent No. 3

Satvir Singh

Respondent No. 4

Jagdishpal Singh

Respondent No. 5

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Allahabad High Court

Legal Issues

  1. 1 What is the relevant date for re-determination of ceiling area under U.P. Imposition of Ceiling on Land Holdings Act, 1960 when right is acquired by virtue of a Supreme Court judgment?
  2. 2 Whether the rights acquired by respondent Nos. 3, 4 and 5 over 64 bighas of land should be determined with reference to the date of Supreme Court judgment or the commencement of the Ceiling Act?

Ratio Decidendi

The relevant date for determination of ceiling area under Section 29 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, in cases where right is acquired by virtue of a decree or order, is the date of such decree or order. Here, respondent Nos. 3, 4 and 5 became tenure-holders only on and from Supreme Court judgment dated 23.11.1989, so ceiling calculation must be with reference to that date, not the Act's commencement.

Court Disposition

Appeals dismissed

Orders

  • Land allotted to Meerut Development Authority and other allottees must be returned to respondent Nos. 3, 4 and 5.
  • High Court orders upheld; no reason to interfere.