AGRA CONCRETE PIPE CO Vs. COMPETENT AUTHORITY AGRA

JUDGEMENT

(1.) This petition under Art.226 of the Constitution is directed against the judgement dated Aug., 1, 1980 made by the District Judge, Agra in Civil Misc. Appeal No. 265 of 1978. That appeal was preferred against the order dated July 12, 1978 of the Competent Authority, Agra constituted under the Urban Land (Ceiling and Regulation) Act 1976.

(2.) Petitioner is a firm engaged in the business of manufacture of concrete pipes. It has a factory building and also three huge ground level water tanks measuring 80' x 120', 40' x 120' and 40' x 120' separated by 6-7 feet. These are obviously meant for curing concrete cement pipes. The entire premises of the factory including the water tanks cover in all 10881.2 sq. mt.

(3.) Upon coming into force of the Urban Land (Ceiling and Regulation) Act 1976 (the 'Act') petitioner filed statement before the Competent Authority as required under S.6(1) of the Act. The Competent Authority after inquiry declared 6771.8186 square metres as surplus land. Being aggrieved by the said order, petitioner appealed to the District Judge Agra. Pursuant to the order in the appeal, additional evidence of one V. P. Sharma Architect and registered Valuer was produced. That evidence was found necessary in regard to the question whether the tanks could be regarded as buildings. The District Judge after appreciating the material on record has held that the tanks are buildings within the purview of the Act. Mr. Dubey, learned Standing Counsel for the respondents does not dispute that finding. There is, therefore, no dispute with regard to that aspect of the matter. Question, however, remains to be considered is whether petitioner is entitled to retain 500 square metres as appurtenant land in respect of each tank.