STATE OF ASSAM & ORS. Vs. BHASKAR JYOTI SARMA & ORS.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10565 OF 2014
(Arising out of S.L.P. (C) No.4726 of 2011)
State of Assam …Appellant
Vs.
Bhaskar Jyoti Sarma & Ors. …Respondents

These appeals by special leave are directed against an order dated 21st September, 2010 passed by a Division Bench of the High Court of Assam at Guwahati whereby Writ Appeal No.202 of 2007 filed by the respondents herein has been allowed, order dated 13th April, 2007 passed by a learned Single Judge of that Court set aside and the respondents held entitled to restoration of the possession of the land in dispute. Late Bhabadeb Sarma, father of the respondents, was recorded as a Pattadar of a plot of land measuring 73.26Ares equivalent to 1 Bigha, 4 Kathas and 16 Lachas, covered by K.P. Patta No.493 (old)/594 (new) in Dag No.1008(old) of Sahar Ulubari, in Mouza Ulubari, Guahati. With the adoption of Urban Land (Ceiling and Regulation) Act, 1976 by the State of Assam, the said Shri Bhabadev Sarma submitted returns under Section 6 of the said Act on 19th October, 1976. In Urban Land Ceiling Case No.343 of 1976 initiated by the District Collector against the said Shri Sarma, a draft statement under Section 8(3) was served upon the owner in regard to the land aforementioned which was, according to the draft statement, beyond the ceiling limit of 2000 sq. meters permissible under the Act. Upon consideration of the objections raised by the owner to the said draft statement, a final statement under Section 9 was prepared and published on 3rd September, 1982 declaring an area measuring 7981.48 Sq. meters to be in excess of the permissible limit. A notification dated 16th May, 1984 under Section 10(1) followed declaring the vacant land aforementioned to be in excess of the ceiling limit….read more