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State Of Uttar Pradesh v. Mithilesh Kumari, Nahar Singh (Dead, By Lrs.) And Others
Factual and Procedural Background
These two appeals concern the interpretation of amendments made by Act 20 of 1976 to the Principal Act (Act 1 of 1960) governing determination of surplus land. Act 20 of 1976 introduced substantive changes necessitating redetermination of surplus land under the Principal Act. Specifically, Section 8 of the Amendment Act added a proviso to Section 9(2) of the Principal Act authorizing the Prescribed Authority, after October 10, 1975, to issue notice to tenure-holders holding land in excess of the applicable ceiling area to submit statements or information within thirty days of service.
Section 31(3) of the Amendment Act, a transitory provision, permitted the Prescribed Authority to redetermine surplus land, in cases where an order had been made before October 10, 1975, at any time within two years from that date, irrespective of any appeals pending or decided against the original determination.
The appeals arose to resolve whether the two-year period in Section 31(3) is meant for the issuance of the notice under the new proviso to Section 9(2) or for the completion of the redetermination proceedings initiated pursuant to such notice.
Legal Issues Presented
- Whether the two-year period prescribed by Section 31(3) of Act 20 of 1976 applies to the issuance of the notice contemplated by the proviso to Section 9(2) of the Principal Act.
- Alternatively, whether that two-year period applies to the completion of the proceedings for redetermination of surplus land initiated pursuant to the notice under the proviso to Section 9(2).
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court conducted a plain reading of Section 31(3) of the Amendment Act in conjunction with the newly added proviso to Section 9(2) of the Principal Act. From this combined reading, the court concluded that Section 31(3) contemplates the redetermination of surplus land as the completion of the proceedings initiated by the notice under the proviso to Section 9(2), not merely the issuance of that notice.
The court emphasized the legislative context: by the time of the 1976 amendments, approximately 17 years had elapsed since the original Act. This indicated that the legislature intended that redetermination proceedings be concluded expeditiously. Interpreting the two-year period as governing the completion of redetermination proceedings aligns with this legislative intent.
The High Court had taken the same view, and the court found no reason to depart from that interpretation.
Holding and Implications
APPEALS DISMISSED; no order as to costs.
Implications: The court clarified that the two-year period specified in Section 31(3) of Act 20 of 1976 applies to the completion of the redetermination proceedings initiated under the proviso to Section 9(2) of the Principal Act, rather than merely to the issuance of the notice. The immediate effect is affirmance of the High Court’s view. The opinion does not discuss broader implications beyond this interpretive clarification, and it sets no additional rules beyond the statutory interpretation provided.
Order
1. The question which arises for consideration in these two appeals is whether the period of two years prescribed by Section 31(3) of the U.P Act 20 of 1976 is the period stipulated for the issuance of the notice contemplated by the proviso to Section 9(2) of the Principal Act (the proviso itself having been introduced by Act 20 of 1976) in connection with redetermination of surplus land to be made as a result of the amendments introduced by Act 20 of 1976 or whether it is the period stipulated for the completion of the proceedings for redetermination of the surplus land consequent upon the notice issued under the proviso to Section 9(2) of the Act.
2. By Act 20 of 1976 a considerable number of amendments were made and these amendments if given effect would require redetermination of surplus land under the Principal Act (Act 1 of 1960). Section 8 of the Amendment Act introduced a proviso to Section 9(2) of the Principal Act in the following terms:
“Provided that at any time after October 10, 1975, the Prescribed Authority may, by notice, call upon any tenure-holder holding land in excess of the ceiling area applicable to him on the said date, to submit to him within thirty days from the date of service of such notice a statement referred to in sub-section (1) or any information pertaining thereto.”
3. Section 31 of the Amendment Act dealt with transitory provisions and sub-section (3) of Section 31 was in the following terms:
“Where an order determining surplus land in relation to a tenure-holder has been made under the principal Act before the tenth day of October, 1975 the Prescribed Authority (as defined in the principal Act) may, at any time within a period of two years from the said date, redetermine the surplus land in accordance with the principal Act as amended by this Act, whether or not any appeal was filed against such order and notwithstanding any appeal (whether pending or decided) against the original order of determination of surplus land.”
4. A plain reading of this transitory provision alongwith proviso to Section 9(2) of the principal Act (as amended) makes it clear that what was contemplated by Section 31(3) of the Amendment Act was the redetermination of the surplus land, that is to say, the conclusions of the proceeding initiated by the notice issued under the proviso to Section 9(2) of the principal Act.
5. We do not see how any other conclusion is possible. Obviously, the legislature took notice of the fact that 17 years had already passed since the passing of the original Act, and therefore, the legislature was particular that the proceedings for redetermination of surplus land should conclude as expeditiously as possible. This was the view taken by the High Court and we see no reason to depart from it. The appeals arc dismissed. There will be no order as to costs.
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