STATE OF UTTAR PRADESH Vs. NAND KUMAR AGGARWAL

JUDGEMENT

(1.) This appeal is against the judgment of the Allahabad High Court allowing the writ petition filed by the 1st respondent holding that the agricultural land comprised in village Para falling within the boundary of Lucknow Mahapalika was exempt under the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act').

(2.) Issue involved in this appeal is very narrow. After the enforcement of the Act on February 17, 1976 1st respondent filed return under S. 6(1) of the Act before the Competent Authority constituted under the Act. First respondent gave details of his properties and one such property was land measuring 16 Bighas 1 Biswa 7 Biswansis in village Para. The Competent Authority after examining the return sent a draft statement to the 1st respondent showing the land in village Para as agricultural land. However, he proposed this land to be surplus land after applying the parameters fixed under the Act. In this appeal we are not concerned with other properties of the 1st respondent.

(3.) Against the order of the Competent Authority 1st respondent filed an appeal before the District Judge, Lucknow under S. 33 of the Act who dismissed the appeal. Feeling aggrieved the 1st respondent filed writ petition in the High Court. By the impugned judgment the High Court held that the agricultural land in village Para could not be declared as surplus land and could not be taken into account while determining the ceiling limit. The decisions of the Competent Authority and the District Court were set aside and the matter was remanded back by the High Court to the Competent Authority for determining surplus land, if any, in the light of the observations and findings recorded in the judgment.