VidhiSangh

Supreme Court of India · 01/08/2019

MADHUSUDAN BHANUPRASAD PANDYA versus STATE OF GUJARAT & ORS.

[2019] 10 S.C.R. 626 · 2019 INSC 853

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Summary

The challenge to refusal of an urban land ceiling exemption failed because possession had been taken by the State before repeal and no exemption had been granted when repeal commenced. The record and the appellant’s own pleadings defeated the contention that a civil court status quo order prevented possession. The repeal saved completed vesting accompanied by possession and existing exemption orders, but did not preserve this claim for a fresh exemption.

Issues

  1. Whether possession had been taken before repeal despite the asserted civil court restraint.
  2. Whether the exemption claim survived repeal of the ceiling legislation.

Provisions considered

Held

Result

Appeal and connected special leave petition dismissed without costs. High Court judgment sustaining rejection of the exemption application left undisturbed.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 626.