TEJ RAM Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) S. P. Srivastava, J. These four writ petitions, referred to above, under Article 226 of the Constitution of India have been filed by the petitioners against the judgment of the competent authority and appellate authority declaring certain area of the petitioners as excess vacant land. In all these writ petitions the petitioners wanted to take benefit on the ground that the land is agricultural holding, therefore, it cannot be treated to be urban and vacant land on the commencement of the Act. In all the peti tions it is stated that the competent authority held that as the land used has been shown to the master plan prepared by the Development Authority for the purpose other than the agriculture, therefore, it can not be held to be an agricultural land. The petitioners have also taken the plea of exist ence of farm house and constructions etc.

(2.) AS the common question of law is involved in all the four writ petitions, there fore, the learned Counsel for the parties have agreed that these petitions may be con solidated and decided by a common judg ment. After going through the judgments of the appellate authority as well as competent authority in all the cases, I am of the view that all the four petitions can be con solidated and decided together by delivering a common judgment. I, therefore, con solidate all these petitions and decide the same by a common judgment treating writ petition No. 11287 of 1990, Tej Ram v. Dis trict Judge, Meerut, as leading case. A copy of this judgment shall be kept on the file of other three writ petitions, referred to above.

(3.) A survey was made by the Ceiling Department as provided under the Act. Notices under Section 8 (3) of the Act alongwith a draft statement were served upon the petitioners proposing to declare certain areas as excess vacant land with the petitioners. The petitioners filed their ob jections mainly on the ground that certain areas which are agricultural holding of the petitioners may be exempted as that area is not the urban land and vacant land as defined in the Act.