Supreme Court of India · 1999-03-10
OM PRAKASH AGARWAL & ORS. vs BATARA BEHERA & ORS.
- Citation / case number
- SC 1986/69925
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH AGARWAL & ORS.
- Respondent
- BATARA BEHERA & ORS.
- Author
- M.B.SHAH G.B.PATTANAIK
- Bench
- M.B.SHAH G.B.PATTANAIK
Judgment text excerpt
The Supreme Court upheld the Orissa High Court's ruling that agricultural lands within municipal areas are subject to the Orissa Land Reforms Act, specifically referencing Section 22 and Section 23 of the Act. The Court clarified that the definition of 'Land' under Section 2(14) is not limited by urban classification, thus allowing for the possibility of evidence to determine the applicability of the Act. The High Court's decision to remit the matter for fresh evidence was affirmed, emphasizing the need for a thorough examination of the facts regarding the Scheduled Caste status of the vendors.