VidhiSangh

Supreme Court of India · 22/11/2021

STATE OF M.P. versus GHISILAL

[2021] 10 S.C.R. 1178 · 2021 INSC 763

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Summary

The Court dismissed a civil suit seeking a declaration that surplus land was freed from urban-ceiling proceedings on repeal. The statutory orders and vesting notifications had become final, and the self-contained ceiling legislation impliedly excluded a civil challenge of this kind. The finding that possession had not been taken also contradicted a possession panchnama signed by the plaintiff and the subsequent judicial report confirming public housing on the land.

Issues

  1. Whether the civil suit could reopen final urban-land ceiling orders and notifications.
  2. Whether the evidence supported the claim that the State had never taken possession.

Held

Result

State appeal allowed. The trial decree and its appellate affirmations were set aside; the plaintiff’s suit was dismissed without costs.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 1178.