1999 ALL. L. J. 2562 ::2000 A I H C 380 ::(1999) 37 All LR 805 ::(1999) 4 All WC 3324

Allahabad High Court

Hon'ble Judge(s): Yatindra Singh , J

(A) Urban Land (Ceiling and Regulation) Repeal Act (15 of 1999) , S.5(2)(a), S.4— Effect of repeal - Writ petitions or special appeals arising out of orders passed under Urban Land (Ceiling and Regulation) Act of 1976 and pending during commencement of Repeal Act - Does not abate. (Para 5) (B) Urban Land (Ceiling and Regulation) Repeal Act (15 of 1999) , S.4— Effect of repeal - Pending cases in which no declaration was published under S. 10 (3) of Principal Act - There is no question of vesting of land in State or taking over of its possession - Such pending writ petition, during commencement of Repeal Act - Has to be treated as infructuous - However in cases where possession has already been taken, persons concerned would be at liberty to take proceedings for restoration or divesting of land in accordance with Law. Constitution of India , Art.226— Urban Land (Ceiling and Regulation) Act (35 of 1976) , S.10(3)— (Para 9 11 16 17) .....