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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13449 OF 2024 (@ SLP(C) No.14313/2013)
LUCKNOW NAGAR NIGAM APPELLANT(S)
VERSUS
RAJEEV JAGWANI & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. We have heard the learned counsel for the appellant.
3. An ample opportunity was given to the contesting respondents
to put forth their case, and on this count, the matter was
adjourned on the earlier occasion. Unfortunately, even today,
there is no representation.
4. We find considerable force in the submissions made by the
learned counsel appearing for the appellant. The appellant
before us becomes the owner of the property by virtue of a
change in jurisdiction. This change has been brought forth by
a policy decision. Therefore, there is no question of
divesting of the property and, thereafter, the presumption of
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ownership lies with the appellant.
5. In such view of the matter, there is no need for the
compliance of the mandate under Section 117 of the U.P.
Zamindari Abolition and Land Reforms Act, 1950 (for short ‘the
Act’). Thus, what is applicable is Section 122B of the Act,
and the appellant had every right to proceed against the
contesting respondent and declare him as an unauthorised
occupant under Section 122B of the Act.
6. Even when viewed from the other lens ...