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march 2001

Supreme Court of India · 2001-03-21

H.H.M.SHANTADEVI P. GAEKWAD vs SAVJIBHAI H. PATEL

Citation / case number
SC 1998/9761
Court
Supreme Court of India
Petitioner
H.H.M.SHANTADEVI P. GAEKWAD
Respondent
SAVJIBHAI H. PATEL
Author
Y.K.SABHARWAL
Bench
S.P. BHARUCHA,N. SANTOSH HEGDE,Y.K. SABHARWAL

Judgment text excerpt

The Supreme Court upheld the High Court's modification of a trial court decree for specific performance regarding land, affirming that the plaintiff-respondent is entitled to enforce the decree subject to a final declaration under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976. The Court clarified the interpretation of the ULC Act, emphasizing its purpose to impose a ceiling on urban land holdings to prevent concentration and promote equitable distribution, aligning with the directive principles of Article 39(b) and (c). The appeal by the defendants was dismissed, maintaining the trial court's decree in other respects.

H.H.M.SHANTADEVI P. GAEKWAD vs SAVJIBHAI H. PATEL · Niyam