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Sanjay Agarwal (Lawyer)     26 July 2008

Urban Land Ceiling Repel act.

notification u/s 10(3) issued.notice u/s 10(5) also issued.but possession not taken by state..possession still with tenureholder but land recorded in state name because of deemed vesting u/s 10(3). main act repealed in 1999. now state trying to take possession by force.    what to do?


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 3 Replies

Prakash Yedhula (Lawyer)     26 July 2008

Can file a writ petition under Article 226 of the Constitution before the High Court

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 July 2008

There is a supreme court judgement in relation to sec 10(3) in Smt.Somawanti vs. The State of Punjab (AIR 1963 SC 151), the suprement court observed: " Broadly speaking the expression 'public purpose' would, however, include a purpose in which the general interest of the community as opposed to the particular interest of individuals is directly and vitally concentrated. Public pupose is bound to vary with the times and the prevailing conditions in a given locality and therefore it would not be a practical proposition even to attempt a comprehensive definition."

Y V Vishweshwar Rao (Advocate )     14 April 2009

 

The land  vested in  Govt  under the  Act   and possession to  be taken .

In AP,  in this kind of cases  the Govt Sold/disposed   the lands to  individuals including the owner whose land  is declared as excess ( for  fixed price ) .

The Repeal of the Act is  in 1999 , whether  by that time  the land  is veste in the Govt . ?


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