Supreme Court of India · 2015-11-26
State Of H.P.& Ors vs Ashwani Kumar & Ors
- Court
- Supreme Court of India
- Petitioner
- State Of H.P.& Ors
- Respondent
- Ashwani Kumar & Ors
- Bench
- C. Nagappan, M.Y. Eqbal
Judgment text excerpt
The Supreme Court held that under Section 4 of the Himachal Pradesh Ceiling on Land Holdings Act, 1972, individual landowners within a family are entitled to separate units of land, provided their holdings do not exceed permissible limits. The Court clarified that adult sons of a landowner, who are landowners in their own right, are entitled to a separate unit, and their holdings cannot be aggregated for determining surplus area. The judgment of the High Court was upheld, allowing the respondents' claim for separate units of land.