State of U. P. and Others

Vs

Purshottam Das Tandon and Others

With

State of U. P. and Others

Vs

Lt. Col. Puran Singh Thapa and Others

Special Leave Petitions (C) Nos. 8037-71 and 11563-68 of 1986

(K. N. Singh, E. S. Vankataramiah JJ)

14.01.1987

ORDER

1. We have heard the learned counsel for both the parties at length. We do not find any infirmity in the judgment and order passed by the High Court against which these special leave petitions are preferred. We, however, make it clear that the leases that are going to be granted pursuant to the writ issued by the High Court will be subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. On the leases being granted, the Competent Authority under the Act shall be at liberty to apply the provisions of the Act and in particular Section 15 thereof to all the leases and take away all the surplus lands in their hands after determining the surplus lands in accordance with law. The directions issued by the High Court can be availed of by all the lessees to whom the G. Os. dated April 23, 1959, July 2, 1960 and December 3, 1965 were applicable and all those claiming under them.

2. All the Special Leave Petitions are dismissed accordingly with these observations. If any further directions are needed, the persons interested may approach the High Court.