• ULC land in Gujarat

Greetings, wish you a good day. Thank You for sharing your time and skills with us.

 My question is related to ulc. i have a land of which 70% part was declared under ulc. the notices prompted to me in past some years were not attended from my side. now the current status online on Gujarat gov website shows as land acquired by govt of Gujarat. i had recently gone through a survey regarding same and had come across a tag saying " all the property under ulc if not under physical possession by govt then it has to be returned to its owners - sc "

the possession of the whole land is with me all these years and even currently. can you please help me with resolving this issue the best way.

Thanking You

Chetan Trivedi
Asked 2 years ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1)the scheme of the Principal Act is that no one shall hold   the vacant land in excess of the ceiling limit 

2) The return or statement has  to be filed so as to determine the extent of excess vacant land

3) Section  10 is entitled “Acquisition of vacant land in excess of ceiling  limit”.

4)  The vesting of such  excess vacant land free from all encumbrances and with effect from the
date   of   publication   of   a   notification   under   sub­section   (3)   results   in
enabling   the   Government   to   take   possession   of   the   land

5) By clause (a) of subsection(1) of Section 3 of the Repeal Act the vesting of land of which
possession has been taken by the State is saved. Meaning thereby, any
vacant land which is subject matter of declaration under Section 10(3) of
which possession has not been taken by the State Government, then its
vesting is not saved by the Repeal Act. Such land of which possession has
not been taken will have to be restored post repeal after the requirement
stipulated in sub­section (2) of Section 3 of the Repeal Act is complied
with.

6) in other words since urban land ceiling act has been repealed and possession not taken from you land has to be restored to you 
Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
In Smt.Angoori Devi Vs. State of U.P. and others (JT 2000 (Suppl.I) SC 295, the Supreme Court had held as follows:

"2. These cases relate to the interpretation of different provisions of the Urban Land (Ceiling and Regulation) Act. During the pendency of these appeals in this Court, the Urban Land (Ceiling and Regulation) Act has been repealed by Act 15 of 1999 and the State of U.P. also has adopted the same by a Resolution. In view of the provisions contained in Section 3 of the Repealing Act and the fact that the possession of the vacant land has not been taken over by the State Government, which is asserted by the Counsel appearing for the appellants and is also apparent from the interim orders passed by this Court, the question for consideration no longer survives.

3. Further, under Section 4 of the Repealing Act all proceedings under the Act must be held to have abated. In that view of the matter, we do not think it necessary to proceed with this matter. These appeals stand disposed of accordingly."


 In Mukarram Ali Khan V. State of U.P and Others (2007-4-L.W. 797), the Supreme Court had held as follows:

"In view of the affidavit filed by the appellant to which no objection has been filed, undisputed position is that the State had not taken the possession over the surplus land. Therefore, the proceedings have to be treated to have abated under Section 4 of the Repeal Act. Appeal from the judgment of HIgh Court of Allahabad allowed."
Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
 file a writ petition in gujrat HC that since the petitioner continue to remain in possession of the land in question, the acquisition proceedings automatically abates and therefore, the possession of the petitioner cannot be interfered with
Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
1. The website may be showing the wrong status. 

2. It is not safe to rely on such circulars as they can be withdrawn at anytime. 

3. If your land was declared as ULC, more so in view of the fact that legal notices issued to you were not replied by you, then you can challenge the declaration in the court.  
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. If the property under ulc is not taken possession of within a reasonable period, then it hsa to be returned,

2. You shall have to give the Govt. reasonable tile to officially take possession of the property under ulc. 
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0

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