The Urban Land Ceiling Act has been repealed recently in the State of Andhra Pradesh. What is its impact on the 'Excess holdings' of land?
1. Whether the repealed Act is Valid? YES
2. Whether it has an impact on the excess holdings of land? YES
The Andhra Pradesh Legislature adopted the Urban Land ( Ceiling and Regulation) Repeal Act, 1999 by passing a resolution on 27.03.2008 and it has come into force in the State of Andhra Pradesh with effect from 27.03.2008 in place of Urban Land ( Ceiling and Regulation ) Act, 1976.
This problem is related to the Repealing the Urban Land ( Ceiling & Regulation Act), 1976 and its impact on the excess holdings of the land. The ULCRA provided for imposition of a ceiling on both ownership and possession of vacant land; acquisition of excess vacant land by the State Government with powers to dispose of the land for the common good; payment of compensation for the acquisition of the excess land; and granting exceptions in respect of certain specific categories of vacant land.
The effect of Section 3 of the Repeal Act, 1999 on Subsection (3) to Section 10 of the Act. The Repeal Act,1999 has expressly repealed the Act 33 of 1976. The question whether a right has been acquired or liability incurred under a statute before it is repealed will in each case depend on the construction of the Statute and the facts of the particular case.
The mere vesting of the land under Subsection (3) of Section 10 would not confer any right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18.03.199. State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under Sub-section (5) of Section 10 or forceful dispossession under Sub-Section (6) of Section 10. On failure to establish any of those situations, the land owner or holder can claim the benefit of Section 3 of the Repeal led Act.
In the instant problem, A.P Government had annulled the Act in 1999 to make surplus lands available for development in line with the spirit of globalization. It would make more land available for development in line with globalization, spur economic activity and improve GSDP.
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