• Regarding purchase of agricultural land in Uttarakhand

What is present status of law in Uttarakhand on purchase of agricultural land by person belonging to other state of India
As came to know as per judgement by A division bench of Chief Justice Barin Ghosh and Justice U C Dhyani said all the citizens of the country would now be able to purchase up to 12.5 acres of agriculture land in the state under the Land Ceiling Act.
My question , whether this judgement is now applicable or will be applicable after certain limitation period provided for filing objection by the government of Uttarakhand.
Can any person staying continuously since last 5 years but belong to other state of India though voter card holder of uttarakhand can purchase agriculture land in Uttarakhand immediately.
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

The Uttarakhand High Court on September 22, 2011 struck down the much-contentious land reforms in the state under which outsiders were prohibited to buy more than 250 square meters of agriculture land.

A division bench of Chief Justice Barin Ghosh and Justice U C Dhyani said all the citizens of the country would now be able to purchase up to 12.5 acres of agriculture land in the state under the Land Ceiling Act.

Following this judgment any person who is a citizen of India can purchase 12.5 acres of agricultural land in Uttarakhand which is also the permissible limit under the Land Ceilings Act.

Ajay Sethi
Advocate, Mumbai
96773 Answers
7805 Consultations

The judgment of a court comes into application immediately. To the best of my knowledge, the HC order has not been appealed to the Supreme Court, in which event it attains finality.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

In many states there is restriction in buying agricultural land by non-agriculturists. In UK also, there was a Government imposed ban on buying agricultural land by outsiders more than 250 sq.meters against the Land Ceiling Stipulation of 12.5 acres. However, the division bench of the Uttarakhand High Court held that the ban imposed by Uttarakhand government on outsiders purchasing agricultural land measuring more than 250 sq metres as unconstitutional in a public interest litigation filed by Sarvesh Kumar and Manoj Kumar, both residents of Kashipur. Consequently, any person, who is a citizen of India will be able to purchase 12.5 acres of agricultural land, as permissible under the Land Ceiling Act, who wants to carry out agricultural activities.

The judgment is very clear and it is very much applicable, what is your doubt in it?

Hope the above paragraph answers all your doubts.

T Kalaiselvan
Advocate, Vellore
86971 Answers
2334 Consultations

If you are sure that the current status on the subject is different, why dont you quote some reference and clarify the issue on that basis?

Generally we dont give any citation here, you have to look for the citations yourself.

If you rely upon any other judgment that superseded this then you can revert with a reference about it, the opinion based on that judgment shall be rendered

T Kalaiselvan
Advocate, Vellore
86971 Answers
2334 Consultations

it appears that The Supreme Court has stayed the orders of the Uttarakhand High Court which had cancelled the ceiling imposed by the state government on the amount of agricultural land that could be bought in Uttarakhand. The decision was given on a writ petition filed by the state government.

we are not aware as to whether the SC has finally disposed of the SLP or not

Ajay Sethi
Advocate, Mumbai
96773 Answers
7805 Consultations

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