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march 1999

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.

OM PRAKASH AGARWAL & ORS. vs BATARA BEHERA & ORS. · Niyam