VidhiSangh

Supreme Court of India · 06/01/2026

DALSUKHBHAI BACHUBHAI SATASIA & OTHERS versus STATE OF GUJARAT & OTHERS

[2026] 1 S.C.R. 332 · 2026 INSC 21

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Summary

The Supreme Court held that ceiling proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 for excess land in Surat abated under Section 4 of the Repeal Act, 1999, because the State never took de facto possession: the mandatory Section 10(5) notice went to the original landholder's family and not to the appellants, who were in actual possession of the sub-plots, and a panchnama and revenue entry showed only paper possession; the appellants were held entitled to consequential reliefs.

Issues

  1. Whether service of notice under Section 10(5) of the ULC Act on the persons actually in possession of the land is mandatory, so that its omission leaves possession untaken and the proceedings abate under Section 4 of the Repeal Act, 1999.
  2. Whether recording the land in the State's name and a panchnama of taking possession, without actual transfer of possession, saves the proceedings from abatement.
  3. Whether the appellants, claiming under sale agreements from the original landholder after cancellation of an auction sale, could claim the benefit of Section 10(5) and Section 4 of the Repeal Act.

Provisions considered

Held

Result

Appeal allowed; High Court judgments in LPA No. 2024/2010 (23.07.2014) and Special Civil Application No. 533/2009 (08.02.2010) set aside; appellants entitled to consequential reliefs on abatement; no costs.

Judgment PDF: Supreme Court of India, [2026] 1 S.C.R. 332.