Dalsukhbhai Bachubhai Satasia And Ors vs State Of Gujarat And Ors on 6 January, 2026
“4.3. A fair reading of Sections 3 and 4 of the 1999 Repeal
Act makes it clear that all proceedings relating to any order
made or purported to be made under the principal Act (the
1976 Act) pending immediately before the commencement
of the 1999 Repeal Act, before any court, tribunal or other
authority shall abate. Section 4 of the Repeal Act shall not
apply provided possession of land has been taken over by
the State Government or any person duly authorised by
the State Government in this behalf or by the competent
authority. Therefore, if the possession of the surplus
land/land has been taken over by the State Government
or any person duly authorised by the State Government in
this behalf or by the competent authority, in that case, the
proceedings relating to any order made under the principal
1976 Act shall not abate, meaning thereby that the 1999
Repeal Act shall not affect all those proceedings with
respect to the land of which the possession has been taken
over. Therefore, before declaring the proceedings as having
abated in view of Sections 3 and 4 of the 1999 Repeal Act,
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it has to be considered and decided whether possession of
the surplus land/land has been taken over by the State
Government or any person duly authorised by the State
Government in this behalf or by the competent authority
or not. If it is found and held that the possession of the
surplus land has been taken over, in that case, the
proceedings shall not be declared as having been abated.”
(underlining by us)