The Allahabad High at Lucknow has held that the Collector cannot take possession of the land declared as“Surplus Land” under the Ceiling Act, till the disposal of appeal.
In this case the petitioner has filed an appeal under section 13 of the U.P. Imposition of Ceiling on Land Holdings Act,1960 challenging the order dated 26-12-2020 passed by the Prescribed Authority (Ceiling) under sections 10/12 of the Ceiling Act, whereby certain land belonging to the petitioner has been declared surplus. The said appeal has been filed within the limitation period.
Sri Jaideep Narain Mathur, Senior Advocate, assisted by Sri Shobhit Mohan Shukla, Advocate appearing for the petitioner submitted that in view of Section 14 of the Ceiling Act, before disposal of the said appeal, the Collector cannot take possession of the land declared as surplus by the Prescribed Authority.
A Division Bench of Hon’ble Justice D.K. Upadhyaya and Hon’ble Justice Manish Kumar interpreting Section 14 of Ceiling Act held that Collector can take possession of the surplus
land, in case, where an appeal has been preferred under section 13, only on or after the date of the decision of the appeal. Further, where no appeal has been preferred, then till the limitation period expires, the possession cannot be taken.
As such the Court disposed off the Petition with the direction to the Collector not to take possession of the surplus land till the appeal preferred by the petitioner against the order passed by the Prescribed Authority is decided finally.