STATE OF U.P. ETC.versusMADHO KUMAR SWARUP AND ORS. ETC.

A                      STATE OF U.P. ETC.
                              v.
                MADHO KUMAR SWARUP AND ORS. ETC.

                              DECEMBER 14, 1995

B               [K. RAMASWAMY AND B.L. HANSARIA, JJ.J

         U.P. Imposition of Ceiling on Land Holdi11gs (Ame11dement) Act,
   197~Section Jf>-Transitory provisions-Determillation of surplus
  lan~Proceedings pending u11der U.P. Impositio11 of Ceiling 011 Land Hold-
C ings Act-On Amendment Act coming into force-Abatement of proceedings
  for detennination of swp/us land a11d redete11ni11ation thereof

          Proceedings u/s 10 of the U.P. Imposition of Ceiling on Land Hold-
    ings Act, 1960, were initiated and ceiling area was determined. The State
D   and the aggrieved person against the order of the prescribed authorities
    had filed these appeals as the controversy had arisen as to the extent of
    the ceiling area required to be retained by the respondent and surplus land
    that stood vested in the State.

          Dismissing these appeals, this Court
E
            HELD : Even before the filing of these appeals, the U.P. Imposition
    of Ceiling on Land Holdings (Amendment) Act, 1972 had come into force
    w.e.f. 8.6.1973. As per section 19 of the Amendment Act, all proceedings for
    determination of surplus land u/ss 9 to 13, 30 of the Principal Act pending
    before any court or authority at the time of the commencement of the
F   Amendment Act shall stand abated. Thereafter, ceiling area should be
    redetermined as per the Amendment Act. The Proviso provides procedure
    for determination of the ceiling area and the manner in which it requires
    to be done. [677-D, 678-8, El

G        CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1042 of
    1977 Etc.

         From the Judgment and Order dated 12.4.76 of the Allahabad High
    Court in S.A. No. 207 of 1974.

H         Salish Chandra and T.L. Garg for the Appellants.
                                     676
                           STATEv.M.KSWARUP                                   677

      AB. Rohtagi and AK. Srivastava for the Respondents/State.                      A
      The following Order of the Court was delivered :

      Both the appeals are disposed of by common judgment since the
State and the aggrieved persons against the orders of the prescribed
authorities etc. have ultimately come to this Court in this appeals.                 B

       It is not necessary to narrate all the facts in detail. Suffice it to state
that under Section 10 of U.P. Imposition of Ceiling on Land Holdings Act
1960, (for short, 'the Principal Act'), proceedings were initiated and ceiling
area was determined. Thereon controversy has arisen as to the extent of              C
the ceiling area required to be retai11ed by the respondent and surplus land
that stood vested in the State which is the subject matter of appeals in this
Court.

      Even before their filing, the U.P. Imposition of Ceiling on Land               D
Holdings (Amendment) Act, 1972 (Act 18 of 1973) (for short, 'the Amend-
ment Act'), had come in to force with effect from June 8, 1973. Section 19
of the Amendment Act provides thus :

          "19. Transitory Provisions -- (1) All proceedings for the determina-
          tion of surplus land under Section 9, Section 10, Section 11, Section      E
          12, Section 13 or Section 30 of the Principal Act, pending before
        · any court or authority at the time of the commencement of this
          Act, shall abate and the prescribed authority shall start the
          proceedings for determination of the ceiling area under that Act
          afresh by issue of a notice under sub-section (2) of Section 9 of          F
          that Ad as inserted by this Act :

         Provided that the ceiling area in such cases shall be determined in
         the following manner ---

         (a) firstly, the ceiling area shall be determined in accordance with        G
         the provisions of the principal Act, as stood before its amendment
         by this Act;

         (b) thereafter, the ceiling area shall re-determined in accordance
         with the provisions of the Principal Act as amended by this Act." H
    678                   SUPREME COURT REPORTS [1995) SUPP. 6 S.C.R.

A   Sub-section ~2) thereof is not material for the purpose of these cases, hence
    omitted.

          A reading thereof would show that all proceedings for determination
    of surplus land under Section 9 to 13, 30 of the Principal Act pending
    before any court or authority at the time of the commencement of the
B   Amendment Act shall stand abated and the prescribed authority shall start
    afresh the proceedings for determination of the ceiling area under the
    Principal Act, by issuance of a notice under sub-Section (2) of Section 9
    of the Principal Act as amended by the Amendment Act Ceiling should be
    determined firstly under the Principal Act as it stood before its amendment
C   by the Amendment Act. Thereafter, ceiling area should be redetermined
    as per the Amendment Act. The proviso provides procedure for deter-
    mination of the ceiling area and the manner in which it requires to be done.

          As per the orders of the prescribed authority on 24.2.1975 placed on
    record as Annexure 'E' in C.A. No. 1383178 filed by the respondents in the
D   State appeal, the prescribed authority had redetermined the ceiling area as
    per provisions of the Amendment Act. Whether the redetermination is in
    accordance with law is not a controversy before us. So it is not necessary
    to go into it since the proceedings have to be taken under the Amendment
    Act. It would be open to the State or the persons concerned to pursue the
E   remedy according to law. As regards the appeals at hand, as a consequence
    of Section 19, they stand abated.

         The appeals are accordingly dismissed but, in the circumstances,
    without costs.

    R.A.                                                     Appeals dismissed.