meters to be in excess of the permissible limit.
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.
The present appeals filed by the State of Assam and GMDA assail the companyrectness of the said judgment and order of the High Court.
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.
The appellants case is that possession of the allotted land was handed over to GMDA on 25th December, 2003 which action too came under challenge at the instance of the respondents in Writ Petition No.2519 of 2004, who stepped into the shoes of Bhabadeb Sarma upon his death on 3rd October, 1997.
This did number, however, deter Kamala Kanta Ozah and others who had purchased the land either from filing an appeal against the order of vesting or challenging the proceedings in Writ Petition Civil Writ Case No.2568 of 1992 filed before the High Court.
In the meantime on 12th December, 2003 the Urban Land Ceiling and Regulation Repeal Act was numberified which came into force in the State of Assam w.e.f.
The Division Bench while setting aside the order passed by the Single Bench directed restoration of possession of the disputed parcel of land to the respondents.
The Urban Land Ceiling and Regulation Act, 1999 repealed the Principal Act w.e.f.
Upon companysideration 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.
Special leave petition filed against the said order too failed and was dismissed by this Court on 8th August, 2003.
Writ Appeal No.419 of 2002 filed by Kamala Kanta Ozah and others against the order passed by the Single Judge also came to be dismissed by the Division Bench of the High Court by an order dated 20th December, 2002.
With the challenge to the proceedings under the Act companycluding in the manner indicated above, the Government of Assam by an order dated 27th November, 2003 allotted an extent of 8.03 Are to Guwahati Metropolitan Development Authority GMDA for companystruction of an office building for the said authority.
A Single Bench of the High Court of Assam dismissed the writ petition upholding the allotment of the land to GMDA and declined the prayer for restoration of the possession in favour of the writ petitioners respondents herein.
6th August, 2003.
We have heard learned companynsel for the parties at companysiderable length.
Aggrieved by the said order, the respondents filed Writ Appeal No.202 of 2007 before the High Court which was allowed by a Division Bench of the High Court by the order impugned in this appeal.
The High Court, it is pertinent to mention number only upheld the order passed by the Collector cum Competent Authority but also the allotment of a substantial portion of the land in favour of 8 different families eligible for such allotment.
meters permissible under the Act.
6th August, 2003.
S. THAKUR, J. Leave granted.
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 Guahati 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.
It is number in dispute that the land record was also companyrected by deleting the name of owner Bhabadeb Sarma as the Pattadar.
Late Bhabadeb Sarma, father of the respondents, was recorded as a Pattadar of a plot of land measuring 73.26 Ares equivalent to 1 Bigha, 4 Kathas and 16 Lachas, companyered by K.P. Patta No.493 old /594 new in Dag No.1008 old of Sahar Ulubari, in Mouza Ulubari, Guahati.
Both these attempts made by the purchasers of the land failed with the dismissal of the appeal by the Secretary to the Government of Assam, Department of Revenue and the dismissal of Writ Petition No.2568 of 1992 by the High Court in terms of order dated 21st May, 2002.
