AIR 1984 ALLAHABAD 352 ::1984 All CJ 522 ::(1984) 10 All LR 570 ::(1984) All WC 816

Allahabad High Court

Hon'ble Judge(s): K. C. Agrawal , J

Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.10(3), S.2(q)(i), S.42— Land Acquisition Act (1 of 1894) , S.4, S.6, S.16, S.17— Lands notified under S. 6 for acquisition - Computation of excess vacant land under Ceiling Act - Two Acts not inconsistent with each other. Notified land would not be excluded from total holding of land holder. AIR 1980 Delhi 106 Dissented from. Constitution of India , Art.254— @page-All353 A person's right, title and interest over a property, about which acquisition proceedings are taken are not extinguished merely by publication of the notifications under Ss. 4 and 6 of the Land Acquisition Act. The title gets extinguished after possession is taken, as is provided by Ss.16 and 17 of the said Act.(Para 7) Hence, where certain agricultural land intended to be acquired by the Govt. for making constructions was only notified under S. 6 and no possession of the same was taken under S.10 (3), that land would not be excluded from the total holding of the land holder for the purposes of computing the excess vacant land under the Ceiling Act.(Para 7) Section 42 has an overriding effect. It lays down that notwithstanding any provision to the contrary, the Act will prevail in respect of a matter covered by it. The expression "notwithstanding" ....