VED PRAKASH GUPTA Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution arises out of proceedings under the Urban Land (Ceiling and Regulation) Act, hereinafter referred to as 'the Act'. The petitioner, Ved Prakash Gupta, held vacant land in excess of the ceiling limit at the commencement of the Act and he filed a statement under Section 6 (1) of the Act wherein he disclosed the following properties as belonging to him :- (1) plots nos. 777 Ka and 787 Ka in Baralpartapur. (2) a plot on Meerut-Delhi Road in front of the Plastic of India Factory. (3) residential house situated at 83/84, Shanti Nagar, Railway Raod, Meerut in which the petitioner had l/3rd share and his wife had another 1/3rd share, and (4) shops nos. 8 and 9, Sarrafa Bazar, Meerut, in which the petitioner had 1/ share.

(2.) IT was claimed by the petitioner that the land shown at serial no. 1 was agricultural land and, therefore, was not covered by provisions of the Act. As for the other properties be claimed benefit of land appurtenant.

(3.) AFTER considering the submissions made before me I find that the view taken by the learned appellate Court is erroneous in law but since the State has not come up by way of writ petition before this Court, it would not be possible to interfere with the order passed by the appellate court. The Act has been enacted with the object to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. In the first instance it applies to certain States mentioned in subsection (2) of Section 1, including the State of Uttar Pradesh. The urban agglomerations have been specified in four categories. In the State of U. P. the urban agglomerations fall within categories C and D only for which the ceiling limit is fixed at 1500 and 2000 sqr. meters respectively.