STATE OF UTTAR PRADESH Vs. PHILIPS MEHROTRA

JUDGEMENT

(1.) The State of Uttar Pradesh has filed this Writ Petition with a view to challenging the judgment of the District Judge, Allahabad. By the impugned judgment the District Judge granted permission to Respondent No. 1 to sell 1243 sq. meters land including 212.5 sq. meters of constructed area to one Smt. Florence Gandhi. The aforesaid constructed as well as vacant area is situate in the town of Dehradun.

(2.) The Respondents applied for permission to transfer the aforesaid constructed area and vacant land before the Competent Authority under Section 27(2) of the Urban Land (Ceiling and Regulation) Act, 1976. The Competent Authority refused to accord the requisite permission. It found that the Applicants for permission owned a large area of land in the town of Allahabad as well as at Dehradun. They were entitled to 6000 sq meters area as their ceiling area and about 7722.75 sq. meters was excess land. In this situation permission to transfer cannot be granted till the proceedings for determination of ceiling area as well as excess land are finalised and the notification under Section 10(1) of the Act has been published. For this conclusion he relied on Section 5(3) of the Act.

(3.) Being aggrieved by this refusal, the Respondents went up in appeal to the learned District Judge. He held that in his view the Respondents were entitled to 8000 sq. meters as their ceiling area. Even if it be assumed that they were entitled only to 6000 sq. meters, yet since they wanted permission to sell only 1243 sq. meters of land including 212.5 sq. meters built-up area, permission ought to be granted because the area sought to be transferred was well within the ceiling area. He allowed the appeal and granted the requisite permission. He further observed that the surplus area of the land possessed by the Respondents shall be adjusted for the portion now covered by the sale deed.