Chhedilal Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 21957 of 2013, Judgment Date: Oct 29, 2018

Law laid down -

1. Urban Land (Ceiling and Regulation) Act, 1976 Section 8, 9 and 10- the notification under  Section 10(1) is required to be issued in respect of “vacant land in excess of the ceiling limit.” “Such land” is to be acquired by issuance of notification under Section 10(1) and 3 of the Act. However, determination of such excess vacant land is based on draft statement followed by final statement prepared under Section 8 and 9 of the Act. Once such statement is set aside by Appellate Authority, the notification under Section 10(1) and 3 have become inconsequential.
2. Article 226 of the Constitution- Where very foundation of the notification under Section 10(1) and 10(3) has been set aside by Appellate Authority, entire edifice of notification will collapse  automatically. If notifications are not separately challenged, it is not fatal for the petitioner.
3. Section 10(5) and 10(6)- The Competent Authority needs to pass a notice in writing and order any person in possession to surrender or deliver possession. Issuance of such notice/order is sine qua non for exercise of power under Section 6 of Section 10. In absence thereto, the action of taking possession is bad in law.

Chhedilal Vs. State of Madhya Pradesh and others