IQBAL KAUR Vs. W SHAIZA APPELLATE AUTHORITY

JUDGEMENT

(1.) This judgment will dispose of two writ petitions C.W.P. No. 1845/87 and C.W.P. No. 1848/87. The firet petition was filed by the petitioner to impugn the order dated 11th September, 1979 of the Competent Authority as framed under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Act') and order dated 4th June, 1980 of the Appellate Authority. The petitioner has also challenged notification dated 20th November, 1985 issued under Sub-section (1) of Section 10 of the Act. The second petition has challenged the rejection of application of the petitioner vide order dated 1st April, 1987 by the respondent for grant of exemption under Section 20 of the Act. The petitioner and her sons are stated to be living in House No. 61/17, Ramjas Road, Karol Bagh, New Delhi which belongs to them. It is further submitted that in 1967, two residential plots bearing Nos. F-221 and F-222 admeasuring 800 sq. yds. each in the approved colony of Mansarovar Garden, New Delhi were alleged to be purchased by the HUF in the name of the petitioner and the family is stated to be in possession of the same. The Act came into force and the petitioner submitted a statement to the Competent Authority under the provisions of Section 6 of the Act wherein two plots as referred to above and residential house known as 61/17, Ramjas Road, Karol Bagh, New Delhi were included. A draft statement under the provisions of Sub-section (3) of Section 8 was also sent on 30th April, 1977 to which the petitioner filed objections and the Competent Authority vide order dated 11th September, 1979 held that the aforesaid two plots in Mansarovar Garden constitute the excess vacant land. The impugned order which was communicated to the petitioner reads as follows:

(2.) The petitioner filed an appeal against the abovesaid order which was dismissed on 4th June, 1980 by the Appellate Authority as constituted under Section 33 of the Act. The following order was passed :

(3.) . The petitioner felt aggrieved by the abovesaid orders and filed two writ petitions. Notice to show cause was issued on 19th June, 1987 when an interim order of stay of dispossession of the petitioner was granted which was confirmed by the Division Bench on March 21, 1990.