Supreme Court of India · 2012-02-29
Vinayak Kashinath Shilkar vs Dy.Collector & Competent Auth.& Ors
- Citation / case number
- AIRONLINE 2012 SC 24
- Court
- Supreme Court of India
- Petitioner
- Vinayak Kashinath Shilkar
- Respondent
- Dy.Collector & Competent Auth.& Ors
- Author
- R.M. Lodha
- Bench
- H.L. Gokhale, R.M. Lodha
Judgment text excerpt
The Supreme Court held that the Urban Land (Ceiling & Regulation) Act, 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, which was adopted by the Maharashtra Legislative Assembly on November 29, 2007. The Court found that the High Court's assertion that possession of the land had been taken by the Government was incorrect, as there was no evidence of actual possession being transferred. The Court ruled in favor of the appellant, affirming that the proceedings regarding the land should be declared abated due to the repeal of the Act, as actual possession remained with the appellant.