Transfers of surplus urban land during Sections 10(1)–10(3) proceedings remain void despite subsequent repeal.

The petitioner, Woodrow School Society, claimed title and possession over 4,021.26 sq. m. of land comprised in Gata No. 367, Village Jagatpur Lala Begum, Bareilly.

The land originally belonged to Mohd. Kamar, against whom proceedings under the U.P. Urban Land (Ceiling and Regulation) Act, 1976 (“the 1976 Act”) were initiated in Case No. 213/100/82.

By order dated 12 July 1982 under Section 8(4), 4,021.26 sq. m. was declared vacant surplus, while 1,500 sq. m. was treated as land within the ceiling limit.

The petitioner relied on a sale deed dated 10 November 1987, registered on 20 August 1988, allegedly executed after notices under Section 26 of the 1976 Act.

Notifications under Sections 10(1) and 10(3) had, however, been issued and published before and after the sale respectively.

After the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force, the petitioner contended that the ceiling proceedings had abated because it remained in possession.

In 2024, following registration of an FIR concerning the land, the petitioner filed the present writ petition seeking quashing of the ceiling proceedings, protection from dispossession, and correction of the revenue records.

Section 4 of the 1976 Act, read with Schedule I, prescribed a ceiling limit of 1,500 sq. m. for Bareilly, a Category “C” urban agglomeration.

Section 26 permitted transfer of vacant land within the ceiling limit after notice to the competent authority, while Section 28 prohibited registration unless the prescribed notice and sixty-day period were established.

However, Section 5(3) rendered transfers of excess vacant land during the prohibited period null and void, and Section 10(4) similarly invalidated transfers made after publication of the Section 10(1) notification and before the Section 10(3) declaration.

Under Section 6 of the General Clauses Act, 1897, repeal does not affect the previous operation of the repealed enactment or revive a transaction that was already void.

The Court relied on Ritesh Tiwari v. State of U.P., 2009 SCC OnLine All 40, affirmed in Ritesh Tiwari v. State of U.P., (2010) 10 SCC 677, and State of U.P. v. Adarsh Seva Sahkari Samiti Ltd., (2016) 12 SCC 493, holding that a transferee under a void transfer has no locus to challenge the ceiling proceedings or alleged defects in taking possession.

The Court also applied the principles on delay and laches from State of Assam v. Bhaskar Jyoti Sarma, (2015) 5 SCC 321, and Kapilaben Ambalal Patel v. State of Gujarat, (2021) 12 SCC 95.

The Court held that Section 26 could validate only a transfer of land within the permissible ceiling limit.

Although the petitioner relied on Section 26 notices, the record showed that the original landholder’s permissible holding was 1,500 sq. m., whereas 4,021.26 sq. m. in Gata No. 367 had already been declared surplus.

The sale deed was executed on 10 November 1987, after publication of the Section 10(1) notification and before the Section 10(3) declaration; consequently, the transfer of the surplus land was expressly prohibited and deemed null and void under Section 10(4).

The 1999 Repeal Act could not revive a sale that was void when made, and the petitioner therefore acquired no title or locus to challenge the ceiling proceedings or alleged defects in possession-taking.

The Court further found that the petitioner knew of the ceiling proceedings, as the sale deed itself referred to Section 26 notices, yet approached the Court after more than thirty-seven years; the petition was therefore independently barred by delay, laches, and the petitioner’s conduct in asserting ignorance.

The Repeal Act, 1999 did not revive the void transfer.

Since the petitioner had no enforceable title or locus, it could not seek quashing of the ceiling proceedings, protection against dispossession, or correction of the revenue records.

The writ petition was accordingly dismissed, with no order as to costs.