MAHNOOR FATIMA IMRAN v. M/S VISWESWARA INFRASTRUCTURE PVT. LTD
Discusses principles related to land reforms, registration, and constitutional remedies, applicable across jurisdictions.
Court: Supreme Court of India
Citation: 2025 INSC 646
Decision Date: 07-05-2025
List of Laws
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; The Urban Land (Ceiling and Regulation) Act, 1976; Registration Act, 1908; Code of Civil Procedure, 1908; Constitution of India, 1949
- Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973: The judgment discusses the Act in relation to the determination of surplus land and vesting of land with the government. It mentions that declarations were filed under this Act when it came into force on 01.01.1975. About 99.07 acres were found surplus in the hands of 4 declarants, and possession was taken on 11.04.1975, vesting it in the State Government. The judgment also refers to Section 9-A of the Land Reforms Act, which provides for reopening of cases. The court notes the State's submission regarding the invocation of Section 9-A against the 99.07 acres vested in the State. The court also notes that a proposed action by the State under the Land Reforms Act could affect the 53 acres in question.
- The Urban Land (Ceiling and Regulation) Act, 1976: The judgment discusses the Act in relation to declarations filed under Section 6(1) by owners through their GPA, allegedly on a mistaken impression that the land was agricultural and not included in the Master Plan. Draft statements were issued on 06.12.1979 and 25.01.1980, and final statements under Section 9 were issued declaring the surplus area. A notification was issued under Section 10(1) by GOMS No.5013 dated 19.12.1980, vesting the surplus land. The State Government under Section 23 allotted 470.33 acres to HUDA. The judgment also mentions that though the Land Ceiling Act, 1976, has been repealed in 1999, the vesting cannot be disturbed. The court notes the State's submission that the Land Ceiling Act permits retention of only 1000 Sq. m. with each declarant, but also notes that Omprakash Verma speaks of an exemption granted to the original declarants to hold 5 acres each instead of 1000 Sq.m.
- Registration Act, 1908: The judgment refers to Section 17 and Section 49 of the Registration Act in the context of discussing the decision in *Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr.*, emphasizing that registered instruments of conveyance are deemed valid unless set aside by a Civil Court. The judgment quotes paragraphs 15 to 17 of an earlier order in the *Suraj Lamp* case, which discuss the intention of the Registration Act, 1908, to provide orderliness and public notice in regard to transactions relating to immovable property. Section 17 clearly provides that any document (other than testamentary instruments) which purports or operates to create, declare, assign, limit or extinguish whether in present or in future ‘any right, title or interest’ whether vested or contingent of the value of Rs.100 and upward to or in immovable property. Section 49 provides that no document required by Section 17 to be registered shall, affect any immovable property comprised therein or received as evidence of any transaction affecting such property, unless it has been registered. The judgment also mentions Section 23, which prescribes four-months' time for presenting a document for registration, and Section 24, which provides for registration of documents executed at different times. The proviso to Section 34 enables the Registrar to condone the delay.
- Code of Civil Procedure, 1908: The judgment mentions Order IX Rule 9 of the Code of Civil Procedure, 1908, in relation to the rejection of a petition for restoration of a suit dismissed for default.
- Constitution of India, 1949: The judgment refers to Article 226 in the context of the writ petition praying for a direction not to dispossess. The court states that the cloud on title and doubts raised on possession are merely prima facie observations to deny discretion to invoke the extra ordinary power under Article 226.
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