SURINDER NATH MALHOTRA Vs. S C JAIN

JUDGEMENT

(1.) The challenge in this writ petition is to the orders passed by the Authorities under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the said Act) whereby they have held that the petitioner was holding 84.44 Sq. Meters of land in excess of the premissible limit

(2.) Briefly stated, the facts are that the father of the petitioner was the owner of plot No. A-35 Friends Colony, New Delhi. The area of that plot is 584.44 sq. Meters.

(3.) According to the avertnents in the writ petition, and there is no specific denial to the same in the counter-affidavit filed by the respondents, a building plan for construction on the said plot of land was sanctioned on 22/7/1975. Construction commenced on the said land and as on 17/2/1976 the building was still incomplete. This land was inherited by the petitioner from his father, after the father's death, and subsequently a lease deed was executed in the name of the petitioner. It is also an admitted fact that, though the building was incomplete, on the relevant date, namely 17/2/1976, the covered area on the land was 79.92 sq. meters.