Gajanan Kamlya Patil vs. Additional Collector & Comp. Auth. & Ors. (SC)

Urban Land (Ceiling & Regulation) Act, 1976–Sec. 10(1), (3) & (5)–Possession of land–Act was repealed on 1.12.2007 in the M.P. State–Notice u/s. 10(5) was issued on 17.2.2005–Authorities were competent to take forcible possession–However, neither the possession was surrendered nor the possession was taken by application of force–Nothing to show that the procedure for taking forcible possession was adopted–De-jure possession was taken and not de facto possession–Held, impugned notice deserves to be quashed.