Supreme Court of India · 1996-12-17
STATE OF U.P. vs SHER SINGH & ORS.
- Citation / case number
- SC 1986/69887
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- SHER SINGH & ORS.
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976, the entitlement to claim proportionate shares after the demise of the declarant does not arise, as the crucial date for consideration is the date of declaration filed under Section 6(1). The Court found that Ram Het was the holder of the urban vacant land at the time of filing and that the District Judge erred in remanding the matter for fresh consideration. Consequently, the appeal was allowed, the High Court's order was set aside, and the writ petition was allowed, upholding the competent authority's order.