MOHAMMAD MANZARULLAH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ;-

(2.) SMT. Saddiq Fatma, the mother of the petitioner, filed statement under section 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act) before the Competent Authority, Aligarh. After enquiry, the Competent Authority prepared a draft statement proposing to declare 4694.44 square metres as vacant land. SMT. Saddiq Fatma died on 26th April, 1977. The petitioner, thereafter, filed an objection on 27-2-1979 stating that the draft statement was wrong. As there was a sanctioned Scheme on the 17th February, 1976, i. e. when the Act was enforced, the entire covered area was entitled to exclusion under section 4 (9) of the Act.

(3.) THE main contention of the petitioner's learned counsel was that on the death of Smt. Saddiq Fatma her rights in the properties were extinguished and got vested in him as well as in his sister. Accordingly, the ceiling limit prescribed by the Act is required to be decided with reference to the heirs and legal representatives of the deceased Smt. Saddiq Fatma and not on the basis that the property belong to her. THE learned counsel urged that the property belong to her. THE learned counsel urged that on the death of Smt. Saddiqu Fatma her rights lapsed.