KRISHNA GOPAL SINGHAL Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) -

(2.) THIS writ petition under Article 226 of the Constitution of India has been filed by Krishna Gopal Singhal against judgment of the District Judge, Kanpur, dated 27-8-1980, declaring 448.50 Sq. meter land as surplus.

(3.) THE last argument of the learned counsel for the petitioner was that on the basis of figures arrived at by the District Judge, only 134 sq. m. could be declared surplus, inasmuch as, according to his submission, the land constructed upon and the land which was appurtenant to the building had to be left from calculation. This submission runs counter to the decision of the Supreme Court in State of U. P. v. L. J. Johnsons (Supra). In this case while dealing with this controversy the Supreme Court observed ;