LexSULOCHANA CHANDRAKANT GALANDE versus PUNE MUNICIPAL TRANSPORT AND ORS.
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(2010] 9 S.C.R. 476 A SULOCHANA CHANDRAKANT GALANDE B v. PUNE MUNICIPAL TRANSPORT AND ORS. (Civil Appeal No. 492 of 2007) AUGUST 03, 2010 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Urban Land (Ceiling and Regulation) Act, 1976: c s. 10(3) -Acquisition of excess vacant land - Possession of land taken over by State Government - Right of original owner to challenge change of user and obtain possession - Held: Once land vests in the State absolutely, free from all encumbrances, there cannot be any rider on the power of the 0 State to change user of the land in the manner it chooses - It is not the corycern of the land owner how the acquired land is used - He only has a right to get compensation for the same - Land Acquisition Act, 1894 - s. 48 - General Clauses Act, 1897 - s.21. E Repeal of the Act - Effect on pending proceedings - Held: The proceedings pending in any courl would stand abated provided the land owner remained in possession of land on the date of commencement of repealing Act of 1999 - On facts, since possession of suit land was taken in 1979 F itself, the repeal of the Act in 1999 would not confer any benefit on the owner of the land - Urban Land (Ceiling and Regulation) Repeal Act, 1999 . s. 34 - Revision - Limitation - Acquisition of excess G vacant land - Revision filed two decades after the State Government had taken possession of the acquired land - Held: Not maintainable - Although no time limit is prescribed in s.34 for exercising revisionary power, the provision has to H 476 SULOCHANA CHANDRAKANT GALAN DE v. PUNE 4 77 MUNICIPAL TRANSPORT be construed in a manner to make it workable - The A revisionary power cannot be used arbitrarily at belated stage for the reason that the order passed in revision uls.34 is a judicial order - Revision - Limitation - Delayllaches - Interpretation of statutes. Words and phrases: Word 'encumbrance' and expression 'free from encumbrance' - Meaning of B The Urban Land (Ceiling and Regulation) Act, 1976 C came ·into force on 17 .2.1976. On the said date, the suit land was not within the urban limits; however, it was included in the urban area residential zone w.e.f. 17.5.1976 by extending the limits of the Municipal Corporation. The suit land belonging to the appellant was acquired under o the Act i.n the year 1978-79. Its possession was taken and handed over to the respondent-authority for establishing a bus depot. In 1998, the appellant filed a revision under Section 34 of the Act, before the competent authority contending that the land ought not to have been E acquired under the Act on the ground that on the date of its commencement, the suit land was not within the urban area. In order to substantiate the claim, the appellant placed reliance on the judgment of the Supreme Court in * Atia Mohammadi Begum wherein it was held that for the purpose of the Act, the categorization of the land in the Master Plan in existence at the time of commencement F of the Act was a relevant factor and any subsequent change made in the Master Plan would not be taken into consideration. The revision application was allowed by order dated-,29.09.1998. G The respondent filed a writ petition before the High Court. The High Court allowed the writ petition inspite of the fact that meanwhile, the Act of 1976 was repealed by H 478 SUPREME COURT REPORTS [2010] 9 S.C.R. A the Urban Land (Ceiling and Regulation) Repeal Act, 1999 w.e.f. 18.3.1999. The order of the High Court was under challenge _in the instant appeal. B Dismissing the appeal, the Court HELD: 1.1. The Scheme of the Urban Land (Ceiling and Regulation) Act, 1976 provides that the prescribed authority shall make an order declaring the surplus land. Th.e ·1and would be acquired by the State and the tenure holder would be entitled to have an amount of C compensation. Section 10(3) of the Act provides that after the acquisition and publication of the Notification under Section 10(1) of the Act, "the land shall be deemed to have vested absolutely in the State Government free from all encumbrances with effect from the date so specified". D The provisions of Section 10(3) are analogous to Section 16 of the Land Acquisition Act, 1894. Acquisition proceedings cannot be withdrawn/abandoned in exercise of the powers under Section 48 of the Act of 1894 or Section 21 of the General Clauses Act, 1897 once the E possession of the land has been taken. [
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