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march 2000

Supreme Court of India · 2000-03-07

STATE OF MAHARASHTRA vs PRAVIN JATHALAL KAMDAR(D)THR.LRS.

Citation / case number
SC 1995/9089
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
PRAVIN JATHALAL KAMDAR(D)THR.LRS.
Author
Y.K.SABHARWAL S.S.AHMAD
Bench
Y.K.SABHARWAL S.S.AHMAD

Judgment text excerpt

The Supreme Court ruled that the order dated 26th May, 1976, and the subsequent sale deed executed on 23rd August, 1976, were null and void as they violated the principles established in Maharao Sahib Shri Bhim Singhji v. Union of India, which invalidated Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976, concerning the transfer of urban land within the ceiling limit. The Court held that the plaintiff was entitled to a declaration that the impugned order and sale deed were illegal, and thus granted recovery of possession along with damages. This judgment reinforces the right of individuals to dispose of property that does not exceed the ceiling limit as per the Act.

STATE OF MAHARASHTRA vs PRAVIN JATHALAL KAMDAR(D)THR.LRS. · Niyam