Supreme Court of India · 2010-09-21
RITESH TEWARI vs STATE OF U.P..
- Citation / case number
- SC 2009/3077
- Court
- Supreme Court of India
- Petitioner
- RITESH TEWARI
- Respondent
- STATE OF U.P..
- Author
- B.S. CHAUHAN
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
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 executed, as the State did not take physical possession of the land declared surplus. The Court emphasized that the repeal of the Act 1976 by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, nullified any claims by the State to dispossess the appellants. Consequently, the Court allowed the appeal, quashing the High Court's dismissal of the writ petition and affirming the appellants' right to retain possession of the land.