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2010 (8) TMI 1071 - SC - Indian LawsInterpretation of Statute - provisions of the Urban Land (Ceiling and Regulation) Act, 1976 - In present case, The Act came into force on 17th February, 1976. On the said date, the suit land was not within urban limits, however it was included in the urban area residential zone only with effect from 17.05.1976, by extending the limits of the Municipal Corporation. The suit land was acquired under the Act, 1976, in the years 1978-1979 and its possession was taken and handed over to Pune Municipal Transport (for short PMT) for establishing a bus depot and staff quarters. In 1988, the bus depot was constructed on a part of the suit land, however, the appellant preferred a revision u/s 34 of the Act, 1976, dated 6.4.1998 contending that the land ought not to have been acquired under the Act, 1976, on the ground that on the date of commencement of the Act, 1976, i.e. 17.2.1976, the suit land was not within the limits of urban area. HELD THAT:- Undoubtedly, the Act, 1976, stood repealed by the Act 1999. However, it has no bearing on this case for the reason that proceeding pending in any Court relating to the Act, 1976, stood abated, provided the possession of the land had not been taken from the owner. Therefore, in a case, where the possession has been taken, the repeal of the Act would not confer any benefit on the owner of the land. Therefore, the law, as exists today, is that the land in dispute could be subjected to the provisions of the Act, 1976, with effect from 17.5.1976, i.e. the date on which the suit land came within the limits of the Municipal Corporation. The Act stood repealed in 1999, but the proceedings pending in any court would stand abated provided the tenure-holder was in possession of the land on the date of the commencement of the Act 1999. The High Court has taken note of the fact that the appellant's revision had been entertained only on the basis of the judgment of this Court in Atia Mohammadi Begum [1993 (3) TMI 380 - SUPREME COURT], which stood over-ruled by the subsequent judgment in N. Audikesava Reddy[2001 (11) TMI 1056 - SUPREME COURT]. The aforesaid factual position makes it clear that the appellant is not entitled for any relief whatsoever as per the law, as it exists today. The land once vested in the State cannot be divested. Once the land is vested in the State it has a right to change the user. The appellant cannot be heard raising grievance on either of these issues. Thus, in view of the above, the appeal lacks merit and is accordingly dismissed. No order as to costs.
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