SHANTABAI RAMACHANDRA DHANAI Vs. DIVISIONAL COMMISSIONER BELGAUM

JUDGEMENT

(1.) 1. In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 12.11.1986 in NO.ULC D.S.R.429(Annexure-C) passed by the Deputy Commissioner and the Competent Authority, Belgaum under Sec.8(iv) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act) and also the order dated 1 3.7,87 in No. RB ULC.AP. 102/86-87 passed by the Divisional Commissioner, Belgaum (Annexure-D) confirming the order dated 12.11.1986 (Annexure-C) passed by the Deputy Commissioner and Competent Authority, Belgaum.

(2.) The petitioner filed a declaration as per the provisions of the Act. According to the declaration the petitioner as the owner held Sy. No. 66/9B measuring 4046.80 sq. mts. situated at Kanabargi village, Belgaum Taluk on the date the Act came into force. As the land in question is situated within the Master Plan Area of the Belgaum City and came under the provisions of the Act the petitioner filed a declaration under Sec.6 of the Act. The Deputy Commissioner and the Competent Authority held that the vacant land held by the petitioner exceeded the ceiling limit by 2026.80 sq.mts. The Appellate Authority has confirmed the same. Consequently the petitioner has to surrender the said extent of the land.

(3.) The case of the petitioner in this regard was that the land in question was held by the Public Trust known as Janatha Vidhyalaya, Sambra, therefore the provisions of Chapter TIT of the Act did not apply to the vacant land in question. However, the evidence before the authorities did not disclose that the Public Trust known as Janatha Vidhyalaya, Sambra was the owner of the vacant land in question.