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Supreme Court of India 2021-02-17 disposed

U.A. Basheer Thr. G.P.A. Holder vs State of Karnataka & Anr

Bench: 2 — Mohan M. Shantanagoudar, Vineet Saran

In Brief

The Supreme Court examined a dispute concerning land acquisition under the Urban Land (Ceiling and Regulation) Act, 1976. The Appellant purchased property that was subsequently declared excess land by authorities. He argued a partition deed after the Act's commencement legitimized his vendor's title, and that he was in physical possession, triggering abatement under the 1999 Repeal Act. The Court held that excess land is determined at the Act's commencement, not later. Critically, it remitted the matter to the High Court to determine whether the Appellant had actual possession of the suit property—a factual question determinative of whether proceedings abate under the Repeal Act.

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Land Law Urban Land Ceiling Property Rights Administrative Law Possession Repeal and Abatement

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