IN THE SUPREME COURT OF INDIAD    CIVIL APPELLATE JURISDICTION

   CIVIL APPEAL NO.6709 OF 2001

Munshi Lal (Dead) by Lrs. … Appellant

Versus

Distt. Judge, Aligarh & Anr.             …Respondents

  O R D E R  

This appeal has been filed against the final judgment

and  order  dated  28th of  April,  1995  passed  by  the  High

Court of Judicature at Allahabad in Civil Misc. Writ Petition

NO.11097 of 1995 by which the High Court had dismissed

the  writ  petition  filed  by  the  appellant  against  an  order

dated  25th of  February,  1995  of  the  Appellate  Authority,

Urban Land Ceiling, (District Judge), Aligarh.  

By the appellate order, the claim of the appellant that

in determining ceiling area of the petitioner the declaration

made  to  the  effect  that  the  land  of  the  petitioner  was

declared  surplus  was  incorrect.  Since  the  Urban  Land

Ceiling Act has already been repealed and the Urban Land

(Ceiling  and Regulation)  Repeal  Act,  1999 has now come

into  force  and  in  view  of  Section  4  of  the  said  Act  the

proceedings under the Act has already abated. In our view,

Section 4 of the Act has no manner of application in view of

the fact that no proceeding related to any order to be made

or purported to be made under the Principal Act pending

immediately  before  the  commencement  of  the  Act  was

pending in any court,  tribunal  or other authority.  In this

case, no proceeding was pending at the time of repeal of the

Act  by which the proceeding  could  be  said to have been

abated.

That being the position,  we are not in a position to

hold that in view of Section 4 of the Act, the appeal  has

abated. So far as the impugned order is concerned, we do

not find any infirmity in the same and thus the appeal is

dismissed. There will be no order as to costs.     

………………………..J. [Tarun Chatterjee]

New Delhi; ………………………..J. February 14, 2008. [Harjit Singh Bedi]