Supreme Court of India · 2010-09-21
Ritesh Tewari & Anr vs State Of U.P.& Ors
- Citation / case number
- AIR 2010 SUPREME COURT 3823
- Court
- Supreme Court of India
- Petitioner
- Ritesh Tewari & Anr
- Respondent
- State Of U.P.& Ors
- Author
- B.S. Chauhan
- Bench
- B.S. Chauhan, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, particularly Sections 10(3) and 10(6), were not properly invoked as the State had not taken actual possession of the land in question. The Court ruled that since the Act 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the proceedings against the appellants had abated, and thus, the High Court's dismissal of the writ petition was erroneous. The Court allowed the appeal, affirming the appellants' right to retain possession of the land.