Hon'ble Ritu Raj Awasthi,J.
Lawyers are abstaining from work today. We are disposing of this matter after perusing the record and with the assistance of learned State counsel.
Learned counsel for the petitioner has stated in the writ petition that proceedings have been initiated under Urban Land (Ceiling and Regulations) Act, 1976 and the land, which has been declared surplus, the possession of the same has not been taken over. During the pendency of the proceedings, Urban Land (Ceiling and Regulations) Act, 1976 was repealed and Section 4 of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 for abatement of the legal proceedings.
Learned counsel for the petitioner has also stated in the writ petition that the Apex Court in the case of Pt. Madan Swarup Shronya, Public Charitable Trust Vs. State of U.P. and others (J.T. 200(3) S.C. 391), has held that if possession has been taken over by the State Government then the proceedings under the Act will not above but if the possession has not been taken over the proceedings on shall abate.
We make it clear that the word possession means actual physical possession. Hence if actual physical possession has been taken over the proceedings shall not abate otherwise they will abate. It has been submitted that in view of the aforesaid legal position, the writ petition may be allowed as the proceedings initiated as stated abated.
Learned Standing Counsel does not dispute the aforesaid facts. For the reasons stated hereinabove, the writ petition is allowed. The opposite parties are directed not to disturb the peaceful possession of the petitioners over Khasara No.218, measuring 5663.84, Sqr. mt. And 339 measuring 7461.42 Sqr. Mt total area 1312526 sqr mt. situated at village Ghuswalkala, Pargana Bijnore, Tehsil and District Lucknow, declared as surplus land under the provisions of Section 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 and further to correct revenue records on necessary steps being taken by the petitioners in that respect.
Order Date :- 25.1.2010 Arjun