Summary
A 1985 notification withdrawing pre-emption rights for sales of land in municipal areas did not extend to a rolling mill and other constructed immovable property. The Punjab Pre-emption Act distinguishes agricultural land from village immovable property; the appeal was dismissed.
Issues
- Whether the notification exempting sales of land in municipal areas from pre-emption also covered constructed immovable property.
- Whether the limitation objection could be raised in the appeal.
Provisions considered
- Sections 8 and 15, Punjab Pre-emption Act, 1913The Act separately addresses agricultural land and village immovable property; a notification limited to land did not remove the pre-emption right for the constructed property at issue. (¶ 11-18)
- Section 3, Punjab Alienation of Land Act, 1900The statutory definition of land supported the distinction between land and the larger category of immovable property. (¶ 11-17)
- Section 3(26), General Clauses Act, 1897The definition of immovable property includes land and confirms that immovable property may encompass more than the land itself. (¶ 16-17)
Held
- The Punjab Pre-emption Act treats land and village immovable property as distinct categories. Immovable property includes more than the underlying land where construction has been erected. (¶ 15-16)
- The notification withdrawing pre-emption rights was limited to sales of land in municipal areas and did not apply to the sale of the constructed rolling-mill property. (¶ 17-19)
- The limitation objection lacked merit on the facts and had not been raised before the lower appellate court or High Court. (¶ 18-19)
Result
The appeal was dismissed.