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2003 (12) TMI 638 - SC - Indian Laws


Issues Involved:
The appeal arises from proceedings under the Uttar Pradesh Imposition of Ceiling On Land Holdings Act, 1960 challenging the order of the Prescribed Authority and the High Court regarding categorization of land as irrigated or unirrigated, exclusion of certain lands, and determination of surplus land.

Proceedings Summary:
The appellant claimed exclusion of certain lands transferred bona fide, lands covered by a canal, and 'grove' land. Dispute arose over the classification of lands as irrigated or unirrigated, joint family property share, and a sale deed. The Prescribed Authority declared certain acres as surplus land. The District Judge partially allowed the appeal, excluding 'grove' land and validating a sale deed. The High Court remanded the case for fresh evidence on land categorization.

Impugned Orders:
The Prescribed Authority's order after remand wrongly treated the District Judge's order as set aside entirely. The Appellate Authority upheld this decision. The Supreme Court found errors in disregarding the finality of the District Judge's order and misinterpretation of the High Court's remand directive.

Decision and Remand:
The Supreme Court set aside the impugned orders affecting the finality of the District Judge's judgment. The case is remanded to the Prescribed Authority to re-determine the ceiling limit based on the District Judge's judgment. The nature of land as irrigated or unirrigated will be decided according to the Prescribed Authority's 1996 order. The appellant will be given a fresh opportunity to surrender surplus land as per the Act.

Conclusion:
The appeal succeeds, and the case is remanded to the Prescribed Authority for re-determination of the ceiling limit and surplus land based on the District Judge's judgment. The categorization of land as irrigated or unirrigated will be decided based on evidence, and the appellant will have the option to surrender surplus land. No costs are awarded in this matter.

 

 

 

 

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