LexDraft · Judgments

Natwarbhai Magainbhai Patel v. Collector and Ors.

Supreme Court of India · 1996 INSC 664 · 1996

Coram: K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK

Source: sci_open_data

Delay condoned. Counsel for the petitioner admits that a notification under Section 10(5) of the Urban Ceiling Act was published pursuant to which the excess F vacant land was surrendered and taken possession of by the Government. Consequently, the land stands vested in the State free from all the en­ cumbrances. In what manner the lands require to be utilised has been regulated under the provisions of the Act. It is not a condition, under the Act, that payment of compensation be made before utilisation of the land G of which the petitioner was erstwhile owner. Under these circumstances, we do not find any illegality in the order passed by the High Court in Special Civil Appeal No. 4093/93 on May, 15, 1995. The Special Leave Petition is accordingly dismissed. R.P. Petition dismissed. 646