This appeal has been filed against the final judgment
and order dated 28th of April, 1995 passed by the High
Court of Judicature at Allahabad in Civil Misc. Writ Petition
NO.11097 of 1995 by which the High Court had dismissed
the writ petition filed by the appellant against an order
dated 25th of February, 1995 of the Appellate Authority,
Urban Land Ceiling, (District Judge), Aligarh.
By the appellate order, the claim of the appellant that
in determining ceiling area of the petitioner the declaration
made to the effect that the land of the petitioner was
declared surplus was incorrect. Since the Urban Land
Ceiling Act has already been repealed and the Urban Land (Ceiling and Regulation) Repeal Act, 1999 has now come
into force and in view of Section 4 of the said Act the
proceedings under the Act has already abated. In our view,
Section 4 of the Act has no manner of application in view of
the fact that no proceeding related to any order to be made
or purported to be made under the Principal Act pending
immediately before the commencement of the Act was
pending in any court, tribunal or other authority. In this
case, no proceeding was pending at the time of repeal of the
Act by which the proceeding could be said to have been
abated.
That being the position, we are not in a position to
hold that in view of Section 4 of the Act, the appeal has
abated. So far as the impugned order is concerned, we do
not find any infirmity in the same and thus the appeal is
dismissed. There will be no order as to costs.
[Tarun Chatterjee]
New Delhi; ………………………..J. February 14, 2008. [Harjit Singh Bedi]