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Supreme Court of India 2023-10-13 allowed

STATE OF U.P. & ANR vs EHSAN & ANR

Bench: 2 — Pamidighantam Sri Narasimha, Manoj Misra

In Brief

A man claimed land declared surplus under the Urban Land Ceiling Act (1976) was never actually taken from him, so ceiling proceedings should abate under the Repeal Act (1999). The High Court agreed, declaring the land remained his. The Supreme Court allowed the State's appeal and set aside the High Court order. Though a serious factual dispute existed about whether possession was taken in 1979, the Court held the High Court should have sent the matter to civil suit rather than deciding the disputed fact, especially since an earlier writ petition had deliberately left the issue undecided and the claimant had delayed seeking relief.

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Urban Land Ceiling Administrative Law Writ Jurisdiction Land Acquisition Procedural Compliance Evidence in Writ Petitions

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