VidhiSangh

Supreme Court of India · 28/01/2020

KIRPAL SINGH & ORS. versus KAMLA DEVI & ORS.

[2020] 3 S.C.R. 418 · 2020 INSC 97

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that surplus-land proceedings pending under the Punjab Security of Land Tenures Act when the Haryana ceiling legislation commenced had to continue under the former law. Selection of the permissible holding was part of that integrated determination, so later purchasers could not invoke the new Act’s transfer-protection provisions to alter the selection. The Court also refused a fraud argument expressly abandoned before the High Court.

Issues

  1. Whether pending surplus-area proceedings, including selection of the permissible holding, attracted the later Haryana Act’s protections for transferred land.

Provisions considered

Held

Result

Appeal dismissed, upholding the Division Bench’s restoration of the Financial Commissioner’s order and rejection of the direction to protect the transferred land within the landowner’s permissible area.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 418.