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.