PYARE LAL TANDON Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Whether before deciding an application for exemption of vacant land held by the petitioner under Section 20 of the Urban Land (Ceiling and Regulations) Act, 1976, (for short the Act), opportunity of hearing is a must, is the short question for determination in the present petition under Article 226 of the Constitution of India filed by the petitioner for quashing the order dated 12-8-83 (Annexure 5 to the petition), passed under Section 20 of the Act, pertaining to exemption of vacant land from the provisions of Chapter III 'Ceiling on Vacant Land'.

(2.) The petitioner's case was that he was bhumidhar of 1/2 portion of plot No. 805, area 23 bigha and 4 biswas situated at Rawatpur. The petitioner entered into an agreement of sale of the land of his share with one Kakadeo Rawatpur Sahkari Grah Nirman Samiti Ltd., a registered housing cooperative society, on 1-3-86. Thereafter the petitioner applied for approval of the lay out along with a proposed plan to the Vishesh Karya Adhikari (Bhawan), Nagar Mahapalika, Kanpur. After the enforcement of the Act, petitioner made an application under Section 20 of the Act with a prayer that vacant land held by him may be exempted from the operation of Chapter III pertaining to imposition of ceiling on vacant land. The petitioner alleges that without affording opportunity of hearing, his application under Section 20 of the Act for exemption from Chapter III 'imposition of ceiling on vacant land', has been rejected by the impugned order.

(3.) Sri S. M. Dayal, learned counsel for the petitioner urged that no opportunity of hearing was given before disposing of the application under Section 20 by the impugned order, nor reasons have been recorded as required by the proviso to Section 20 of the Act.