Swatantravir Savarkar Pratisthan, Sangli vs Rayat Shikshan Sanstha, Satara And Ors

1. Heard learned counsel for the parties.

2. The submission made on behalf of the appellant cannot be permitted to be raised in this Court in view of the fact that it was not at all advanced before the High Court. The submission was that the particular area is not within the purview of the Urban Land [Ceiling and Regulation] Act, 1976. According to the learned counsel for the appellant it was so made.

3. We are not inclined to exercise our discretionary power under Article 136 of the Constitution since this submission was not made before the High Court. Accordingly these appeals are dismissed. There will be no order as to costs.

… J.

[ TARUN CHATTERJEE] NEW DELHI ……………………… J.

JULY 23, 2008 [AFTAB ALAM]