The Special Commissioner And Commissioner For Urban Land Ceiling And Urban Land Tax vs. T. C. Sundaresan (Died) Thr. Lrs

ITEM NO.23 COURT NO.7 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30588/2022

(Arising out of impugned final judgment and order dated 02-06-2021 in WAMD No. 1056/2021 passed by the High Court Of Judicature At Madras At Madurai)

THE SPECIAL COMMISSIONER AND COMMISSIONER FOR URBAN LAND CEILING AND URBAN LAND TAX & ORS. Petitioner(s)

VERSUS

T.C. SUNDARESAN (DIED) THR. LRS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.161156/2022-CONDONATION OF DELAY IN FILING and IA No.161158/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 07-11-2022 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE C.T. RAVIKUMAR
• For Petitioner(s) Mr. D. Kumanan, AOR Mr. Sheikh Fakhruddin Kalia, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

The learned counsel for the petitioners submits that the proceedings in the first instance were initiated under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 and after holding inquiry, it was held that there was excess vacant land and accordingly, the possession of the subject land was taken over on 16.05.1981. Digitally signed by Jayant Kumar Arora Date: 2022.11.10 10:14:40 IST Reason: Signature Not Verified

Learned counsel further submits that after the Repeal Act of 1999, the writ petition was filed before the High Court on behalf of the respondents. At this stage, without instructions, the State counsel made a statement that the proceedings stand abated, which according to him a mis-statement made by the counsel. He further submits that once the proceedings have been finally culminated under the Act of 1978 and possession have been taken over on 16.05.1981, there will be no effect of Section 4 of the Repeal Act of 1999.

Issue notice.

In the meantime, there shall be stay of operation and implementation of the impugned Judgment.

(JAYANT KUMAR ARORA) (MONIKA DEY) ASTT. REGISTRAR-cum-PS COURT MASTER