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State Of U.p v. Purshottam Das Tandon

State Of U.p v. Purshottam Das Tandon

(Supreme Court Of India)

Special Leave Petition (Civil) No. 8037-71 And 11563-68 Of 1986 | 14-01-1987

1. We have heard the learned counsel for both the parties at length. We do not find any infirmity in the judgment and order passed by the High Court against which these special leave petitions are preferred. We, however, make it clear that the leases that are going to be granted pursuant to the writ issued by the High Court will be subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. On the leases being granted, the Competent Authority under the Act shall be at liberty to apply the provisions of the Act and in particular Section 15 thereof to all the leases and take away all the surplus lands in their hands after determining the surplus lands in accordance with law. The directions issued by the High Court can be availed of by all the lessees to whom the G. Os. dated April 23, 1959, July 2, 1960 and December 3, 1965 were applicable and all those claiming under them

2. All the Special Leave Petitions are dismissed accordingly with these observations. If any further directions are needed, the persons interested may approach the High Court.

Advocate List
  • For

Bench
  • HON'BLE JUSTICE E. S. VENKATARAMIAH
  • HON'BLE JUSTICE K. N. SINGH
Eq Citations
  • (1989) SUPPL. 2 SCC 412
  • LQ/SC/1987/46
Head Note

Tenancy Rent Control — Ceiling on rent — Urban Land Ceiling and Regulation Act, 1976 — S. 15 — Applicability of — Lease granted pursuant to writ issued by High Court — Subject to provisions of 1976 Act — Directions issued by High Court can be availed of by all lessees to whom the G Os dated April 23, 1959, July 2, 1960 and December 3, 1965 were applicable and all those claiming under them — Urban Land (Ceiling and Regulation) Act, 1976 — S. 15 (Paras 1 and 2)