Court Rejects Petitioner's Challenge to Land Clubbing Under U.P. Land Ceiling Act Amendments
In a significant ruling, the Allahabad High Court at Lucknow, presided over by Justice Jaspreet Singh, dismissed a writ petition challenging the decisions of the Prescribed and Appellate Authorities regarding the determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The petition, filed by Himanshu Dhar Singh, contested the clubbing of his wife’s land with his own, which was upheld by the authorities under the amended definitions of "family" and "tenure-holder."
The court affirmed the retrospective application of the amendments brought by the U.P. Amending Acts of 1973 and 1976, emphasizing that the legislative intent was to ensure equitable land distribution and reform. The amendments, which were placed under the Ninth Schedule of the Constitution, insulated them from judicial review, thus reinforcing the legislative objective.
The petitioner argued that the land held by his wife in her individual capacity should not be clubbed with his own. However, the court noted that the definition of "family" in Section 3(7) of the amended Act includes the wife, unless judicially separated, which was not the case here. The court also rejected the petitioner’s claim that earlier proceedings should be considered final, pointing to the necessity of re-determination under the amended Act.
Further, the court found no merit in the petitioner’s claim about the choice of land to retain, as he failed to make a clear choice despite being given opportunities. The judgment underscores the court's stance on the applicability of the amended provisions for determining surplus land and reinforces the state's objective to implement land reforms effectively.
Bottom Line:
Determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 - Provisions amended by the U.P. Amending Act No. 18 of 1973 and No. 20 of 1976 are retrospective in nature, and clubbing of land owned by a wife with her husband tenure-holder is valid under the amended definition of "family" and "tenure-holder."
Statutory provision(s): U.P. Imposition of Ceiling on Land Holdings Act, 1960 Sections 3(7), 3(16), 3(17), 10(2), 19(2), 31(3); Constitutional provisions related to the Ninth Schedule
Himanshu Dhar Singh v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2850063
