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november 2015

Supreme Court of India · 2015-11-26

STATE OF H.P. vs ASHWANI KUMAR .

Citation / case number
SC 2007/25055
Court
Supreme Court of India
Petitioner
STATE OF H.P.
Respondent
ASHWANI KUMAR .
Author
M.Y. Eqbal
Bench
C. NAGAPPAN M.Y. EQBAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision that each member of the family of Dev Raj is entitled to a separate unit of land under the Himachal Pradesh Ceiling on Land Holdings Act, 1972, specifically interpreting Section 4(6) which mandates that individual landholdings cannot be aggregated for determining permissible area. The Court clarified that adult sons of a landowner, if landowners in their own right, are entitled to their own permissible area. The appeal by the State of Himachal Pradesh was dismissed, affirming the High Court's ruling.

STATE OF H.P. vs ASHWANI KUMAR . · Niyam