STATE OF U P Vs. RAKESH MURTHY

JUDGEMENT

(1.) THIS writ petition arises out of proceedings for declaration of surplus land under the Urban Land (Ceiling and Regulation) Act, 1976.

(2.) THE respondent Mrs. Rakesh Murthy holds a Bungalow No. 31, Butlerganj, Lucknow. On a notice being issued to her under the said Act she filed an objection in which a plea was taken that she was merely a licensee and not an owner and as such there was no question of any surplus land being "held'' by her. On facts also it was pleaded that the area of the land mentioned in the notice was not correct and further that there were three dwelling units and not one on the land. Ultimately the competent authority found that the correct area was 8290 sq. metres out of which she was entitled to the benefit of 6545 and odd sq. metres, and declared 1745 and odd sq. mts. as excess vacant land. Against this declaration the respondent filed an appeal before the learned District Judge. In the memorandum of appeal, which is Annexure No. C-1 to the counter affidavit, again the same legal pleas were taken and it was urged that nothing should have been declared as surplus land.

(3.) WE have heard learned counsel for the parties.