BALVANTRAM NARBHERAM DAKARIA Vs. ADDITIONAL URBEN LAND TRIBUNAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the judgment and order of Urban Land Ceiling Tribunal passed in Appeal U/sec. 3 of the Urban Land (Ceiling and Regulation) Act, 1976 thereby confirming the order passed by the competent authority dated 28th March 1983.

(2.) The competent authority has by its judgment and order dated 28th March 1983 found that the petitioner was the holder of various parcels of land in the area known as Salamatpura of Surat. The total holding of the petitioner was worked out at 1601.33 sq. mts. Out of Nodh No. 2885/A land admeasuring 112.03 sq.mts. was declared as surplus land. Out of the aforesaid total holding the petitioner was permitted to hold 1500 sq.mts. of land that being the ceiling limit and 132.03 sq.mts. of land was treated as excess land. Being aggrieved by the said order of the competent authority the petitioner preferred appeal to the Urban Land Ceiling Tribunal and the main contention of the petitioner before the appellate authority was that since the partnership was holding the property the partners should be permitted to have separate ceiling unit. Said contention of the petitioner was not accepted resulting into dismissal of the said appeal.

(3.) Being aggrieved thereby this petition under Article 227 of the Constitution is filed. The learned Advocate for petitioner has mainly urged that on the property in question there was existing construction on the date on which the Act came into force. Such construction was in existence much prior to the date of coming into force of the said Act and if permissible margin land is permitted to be retained there is no excess vacant land which was liable to be surrendered.