MEERA GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We are required in this matter to interplay some of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 to determine whether the appellant herein had any excess vacant land.

(2.) Smt. Probhavati Poddar (pro forma respondent herein) was the owner of two properties in the city of Calcutta being (i) premises No. P-290, C.I.T. Road, comprising 414.56 sq. mtrs. of land of which 321 sq. mtrs. was covered by a building, constructed thereon long before the coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (hereafter referred to as 'the Act), with a dwelling unit therein, and (ii) property No. P-210, C.I.T. Scheme VII (M), Calcutta comprising 339.65 sq. mtrs. of vacant land. Hereafter these would be referred to as the 'built-up property' and 'vacant property' respectively. The exact date/period of. the construction of the built-up property is not available on the present record but the litigation has proceeded on the footing that it was constructed long before February 17, 1976, the day when the Act came into force in the State of West Bengal.

(3.) The State Legislature of 11 States, including the State of West Bengal, considered it desirable to have a uniform legis lation enacted by Parliament for the imposition of ceiling on urban property for the country as a whole, and in compliance with Cl. (1) of Art. 252 of the Constitution, passed a Resolution to that effect. Accordingly, the Urban Land (Ceiling and Regulation) Bill, 1976 was introduced in the Lok Sabba on January 28, 1976 covering all the Union Territories and the 11 resolving States. After the passing of the Bill by the Parliament, the Act came into force on February 17, 1976 at once. Later from time to time, the Act was adopted by some other States after passing Resolutions under Art. 252(1) of the Constitution. The Act now apparently is in force in 17 States and all the Union Territories in the country.