KAUSHALYA DEVI Vs. COMPETENT AUTHORITY, URBAN LAND CEILING

JUDGEMENT

(1.) The petitioners, numbering six, have by the instant writ petition, challenged the orders dated 13-5-1992, 25-5-1992, 26-5-1992 and 27-5-1992, passed by the Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976, hereinafter called 'the Act', whereby he has rejected the notice of the petitioners under Section 26 of the said Act. The relevant facts giving rise to the writ petition may be stated. The petitioners gave notices under Section 26 of the Act to the Competent Authority, Urban Land Ceiling, Lucknow, for granting them sanction to transfer the vacant land. The notices were given on 7-5-1992 in the prescribed printed forms. -The same have been filed as Annexure No. 4 to the writ petition. The petitioners prayed for sanction on the ground that they have entered into an agreement to sell with Small Industries Development Bank of India, a Government of India Enterprise on 10-4-1992. The Competent Authority has not issued "No-objection Certificates". According to the petitioners, the ground on which the refusal is based is that the notices submitted under Section 26 were not in accordance with law. The orders according to the petitioners are arbitrary inasmuch as they are non-speaking and do not indicate the reason on which Section 26 of the Act is based. Hence the writ petition.

(2.) The writ petition has been contested by the Competent Authority.

(3.) The petitioners have filed rejoinder affidavit denying the allegations of Counter Affidavit.