High Courts(2009) 05 AHC CK 0518

Hafza Mukeet vs Competent Authority Urban Land Ceiling and Others

Allahabad High Court · Decided on 28 May 2009

HON’BLE JUDGES
Yatindra Singh, J and Anil Kumar, J
RESULT
Disposed Of

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Judgment

7 paragraphs · 255 words

Anil Kumar,J.

1.

Counsel for the petitioner is permitted to implead the respondent no.4.

2.

The land of the petitioner''s/petitioners'' predecessor was declared as surplus land under the Urban Ceiling Act. This Act has been repealed. According to the petitioner, she is still in actual possession over the land declared as surplus land and as such possession cannot be taken from her. She further submit that even if possession is taken from her on paper, it should be restored to her as no compensation has been paid to her and in any case she is willing to refund the amount.

3.

We have heard counsel for the petitioner and the standing counsel as well as Smt. Sunita Agarwal for the respondents.

4.

It is not disputed that the Act has been repealed and further action can only be taken in accordance with the repealing Act.

5.

In the circumstances of the case, the petitioner may file a representation before respondent no.4 within a month. In case any such representation is filed, it may be decided by respondent no. 4 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; other necessary documents and a duly stamped selfaddressed envelope along with her representation. Respondent no. 4 after taking decision will communicate the same to the petitioner. Till the disposal of the petitioners'' representation the parties shall maintain status quo.

6.

With these directions the writ petition is disposed of.