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Supreme Court of India 2019-08-01 dismissed

Madhusudan Bhanuprasad Pandya vs State of Gujarat & Ors

Bench: 2 — Dr. Dhananjaya Y. Chandrachud

In Brief

Under the Urban Land (Ceiling and Regulation) Act, 1976, the State declared the appellant's land as excess vacant land and took possession in 1990. The appellant sought exemption under Section 20 after the fact, which was rejected. The appellant challenged this through multiple writ petitions, arguing possession was invalid due to a civil court injunction. The Supreme Court upheld the High Court's dismissal, finding that actual possession was taken before the Act's 1999 repeal, saving the vesting order. The Court held that once possession is established before repeal, the vesting cannot be subsequently challenged, and exemptions cannot be granted after vesting has occurred.

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Urban Land Law Property Rights Administrative Law Real Estate Regulation Statutory Interpretation Vesting of Land Repeal and Savings Clauses

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