Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-CIVIL-Nov-5

D.R. Somayajulu, Secretary D.L.S. & others Vs. Attili Appala Swamy & others

Head Note

Civil Law  - Urban Land (Ceiling and Regulation)

Urban Land (Ceiling and Regulation) Repeal Act 1999 - Section 3(1) - Urban Land (Ceiling and Regulation) Act, 1976, Section 10(3) - Surplus land - Repeal Act, 1999 - Effect - In terms of Section 3(1) of the repeal Act, the vesting of any vacant land under Sub-section (3) of Section 10, the possession of which has already been taken by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority, repeal of the principal Act shall not affect the same - Terms of various agreements and also the tenor of the GO.Ms.No.1900 dated 20.12.2006 clearly indicate that possession was already handed over to the appellant-society and the respective allottees were in occupation of the plots -As many as 38 members-allottees are said to have already put up their construction and few others have fenced their plots - By virtue of earlier agreements and Government Order GO.Ms.No.1900 dated 20.12.2006, on the date when the repeal Act was adopted in the State of Andhra Pradesh i.e. on 27.3.2008, the appellant- society was already in possession of 6.00 acres in Survey No. 30/1 and 30/2 and repeal Act is not applicable insofar as the said extent of 6.00 acres - As to the remaining extent of surplus land questions framed to be decided by the High Court and matter remitted to the High Court.

Topic(s)-

Important Decision(s)- The possession of which has already been taken by the State Government or any person duly authorized by the State Government in this behalf or by the competent authority, repeal of the principal Act shall not affect the same.







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