Supreme Court of India

The Competent Authority Calcutta, Under the Land (ceiling and Regulation) Act, 1976 and Anr. v. David Mantosh & Ors.

Neutral citation
Reported as [2019] 4 S.C.R. 331
Bench Abhay Manohar Sapre and Indu Malhotra JJ.
Decided 26 February 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing discussion, we are of the view that the Division Bench was not justified in allowing the Respondents’ appeal, and decreeing the Civil Suit whereas the Trial Court was right in dismissing the Civil Suit.

Judgment, page 26

From the headnote

Urban Land (Ceiling and Regulation) Act, 1976: ss. 12(4), 13, 30, 33(1), 33(3), 33(4) and 40 – Land in question subjected to ceiling proceedings under the Act – Thereafter allotted to respondent-hospital on a long term lease of 30 y ears – The Notification issued u/s. 10(3) of the Act was chall enged by respondent No. 1 – The notification was upheld by High Cour t and Supreme Court – However, Supreme Court observed that it was open to the respondent to avail any appropriate remedy – Thereupon respondents 1 to 7 filed the present suit seeking d eclaration that the proceedings under the Act

Where later benches applied it

Of those, 1 relied on · 2 referred to

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