STATE OF U P Vs. ATUL MITTAL

JUDGEMENT

(1.) THIS writ petition h as been filed by the State of U.P. against the judgment of the District Judge, Dehra Dun, dated 9 -12 -1982.

(2.) ON the enforcement of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), Respondent No. 1 Atul Mittal, his cousins and uncles filed separate statements under Section 6(1) of the Act disclosing their shares in the joint properties and claiming that they did not possess any excess vacant land. These returns gave rise to Ceiling Cases Nos. 31 to 38 of 1980. They were consolidated. The statements were in respect of several properties. As in the present writ petition the controversy is only with respect to Cooperative Industrial Estate, Dehra Dun, comprising of plots 18, 19, 31 and 32 having an area of 2938 square metres with a constructed building over an area of 84 square metres, the details of other properties are not required to be given. This property was owned by Sajda Nasin Mahanl Sri Indresh Charan Das of Darbar Sri Guru Ram Rai Saheb. Through registered perpetual lease deeds dated 27 -6 -1963 and 17 -1 -1964, the Cooperative Industrial Estate obtained the plots mentioned above. Subsequently, the Cooperative Industrial Estate, Dehra Dun, sub -leased the same to Respondent No. 1 Atul Mittal. The claim of the said Respondent was that he exclusively possessed the said property, and that his other cousins and members of his family had no concern with the same.

(3.) SECTION 2(1) defines "to hold". This definition has two parts. Part (i) applies to a person who owns vacant land, whereas part (ii) covers the case of a person possessing such land as owner or as tenant or as mortgagee or under an irrevocable power of attorney or under a hire purchase agreement, or partly in one of the said capacities. The Explanation to this Section is important, hence it is being reproduced below: