MOHAN RAMAPPA JADHAV Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The question involved in these Writ Petitions is as to whether the Outline Development Plan of Hubli-Dharwad Municipal Corporation can be treated as Master Plan as defined in Urban Land (Ceiling and Regulation) Act, 1976 for the purpose of determining the nature of the land and its extent as 'vacant land'.

(2.) It arises thus :-Properties bearing R. S. Nos. 56/1, 57/1, 58/1, situate at Unkal village. Hubli Taluk, Dharwad District and lands bearing S. Nos. 5, 6 and 8/1 situate at Ayodya village, Hubli Taluk, Dharwad District belonging to petitioners respectively are situate, undisputedly, within Hubli-Dharwad Urban Agglomeration area. Pursuant to declaration made under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Act') Competent Authority by the impugned orders has determined extent of vacant land exceeding ceiling limit. In the first case the determination made by the Competent Authority has been set aside by the Divisional Commissioner in appeal and matter remitted to Competent Authority for fresh disposal. These lands are specified in Outline Development Plan for non-agricultural purposes i.e., timber depot and residential purposes, etc.

(3.) Contention of both the petitioners is that lands in question are agricultural lands and there was no necessity for them to file any declaration in respect of their agricultural lands as the same is exempted from the provisions of. the Ceiling Act and declaration given by mistake will not confer jurisdiction on Competent Authority to decide their nature as 'vacant land' in the absence of specification of its user asnon-agricultural lands in Master Plan.