STATE OF U P Vs. SHRI NATH

JUDGEMENT

(1.) J. C. Gupta, J. Heard petitioner's Counsel and perused the impugned order dated 23-7-96, whereby an appeal filed under Section 33 of the Urban Land (Ceil ing and Regulation) Act, 1976, (hereinafter referred to as the Act), has been allowed on the ground of non-com pliance of Rule 5 (2) of the Rules framed under the Act.

(2.) THE only question involved in this writ petition is as to what is effect of non-compliance of the provisions contained in Rule 5 (2 ).

(3.) IT is clear from the above provisions that a valuable right of hearing based on the principle of natural justice is embodied in the Statute itself and to ensure that the person concerned is not deprived of that right a definite procedure for service of the draft statement and notice has been prescribed under Rule 5, which reads as under - "5. Particulars to be contained in draft statement as regards vacant lands and manner of service of the same.- (1) Every draft statement prepared under sub-section (1) of Section 8 shall contain the particulars specified in Form III. (2) (a) The draft statement shall be served, together with the notice referred to in sub-section (3) of Section 3, on - (i) the holder of the vacant lands, and (ii) all other persons, so far as may be known, who have, or are likely to have, any claim to, or interest in, the ownership, or possession, or both, of the vacant lands, by sending the same by registered post addressed to the person concerned - (i) in the case of the holder of the vacant lands, to his address as given in the statement filed in pursuance of sub-section (1) of Section 6, and (ii) in the case of other persons at their last known addresses. (b) Where the draft statement and the notice are returned as refused by the addressee, the same shall be deemed to have been duly served on such person. (c) Where the efforts to serve the draft statement and the notice, on the holder of the vacant lands or, as the case may be, any other person referred to in clause (a), in the manner specified in that clause is not successful for reasons other than the reason referred to in clause (b), the draft statement and notice shall be served by affixing copies of the same in a conspicuous place in the office of the competent authority and also upon some conspicuous part of the house (if any) in which the holder of the vacant lands or as the case may be, the other person is known to have last resided or carried on business or personally worked for gain. "