DEVI SARAN Vs. STATE OF U P

JUDGEMENT

(1.) THE Prescribed Authority declared 8261.10 Sq. metre as surplus area. It would appear that a return was filed by the petitioner under Section 6 of the Urban Ceiling Act. THEreafter a notice was given as required under section 8 (3) of the Urban Ceiling Act laying down the area treated as surplus after allowing 1500 Sq. metres. THE notice was sent per registered post. THE petitioners did not appear to contest. THE Ceiling Authority thereafter proceeded ex-parte and determined the surplus area. This judgment was passed much earlier. In fact the petitioners kept sleeping. THE appeal was filed much later. It was rejected on September 17, 1983. THEreafter this writ has been filed. THE appellate court also observed that even the possession of the surplus land was obtained on 5-10-82 much before filing of the appeal. It is noteworthy that the judgment of the Prescribed Authority was of 11-1-1980.

(2.) IT is urged that the land is an agricultural land which is not covered under the Urban Ceiling Act. Section 2 (o) defines 'Urban land' and clause (i) lays down that it includes any land situated within the limits of an urban agglomeration and referred to as such in the master plan. The rider is that it does not include any such land which is mainly used for the purposes of agriculture. There are explanation for the purpose of this clause and clause (q) Explanation (C) is very important and I may quote it :