What Does `Vacant Land’ Under Section 2 Of Urban Land Ceiling Act Mean? Supreme Court Refers To Larger Bench
Case: M/s. Kewal Court Pvt. Ltd. V. The State of West Bengal
Coram: Justice Surya Kant and Justice Dipankar Datta
Case No.: CIVIL APPEAL NO. 6257 OF 2014
Court Observation: “… the interpretation, spirit and object of the Ceiling Act, as it was envisaged at the time of its enactment, when juxtaposed against the regressive impact experienced in different States which is indicated in the Statement of Objects and Reasons of the Repeal Act, invite an authoritative determination of all the related issues by a Larger Bench. This case may, therefore, be placed before Hon’ble the Chief Justice of India for appropriate directions,”
“Unfortunately, the lead judgement in Billimoria did not even notice Jhonson though apparently it was brought to the notice of the Bench. We say so for the simple reason that the concurring opinion specifically refers to Jhonson. Billimoria did not expressly overrule Jhonson. Whether Jhonson, to the extent it opined on Section 2(q)(i) of the Ceiling Act, has been impliedly overruled or not, is a debatable issue”
“While we do not mean to infuse any binding force in a Statement of Objects and Reasons, but it certainly gives us a glimpse of the miserable failure of a reformatory legislation,”
Previous Posts
Keywords
What Does `Vacant Land’ meas
