(1.) (for self and for Satish Chandra, C. J.) :-These petitions filed by the State of U. P. under Article 226 of the Constitution arise out of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) (hereinafter referred to as the Act) and are directed against the orders of the appellate authority constituted under the Act. The basic question involved in these petitions relates to the criteria for determining the extent of vacant land which a person is entitled to hold in an urban agglomeration in the territories to which the Act applies.
(2.) WITH the object to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good the Parliament passed the Act which applies in the first instance to certain States mentioned in the Act, including the State of U. P. and all the Union territories. The urban agglomerations have been classified in four categories.. By Section 4 the ceiling limit of the vacant land in the four categories has been specified. In the State of U. P. the urban agglomerations fall under categories C and D for which the ceiling limit is fixed at one thousand five hundred and two thousand square metres respectively.
(3.) THE definition of the word 'land appurtenant' further indicates that if there are more than one dwelling units constructed on the same plot of land, land appurtenant to each dwelling unit has to be taken into consideration in determining the area of the vacant land. Even if the dwelling unit is in the nature of a servant quarter or out-house, land appurtenant to it shall have to be left apart from the land appurtenant to the main building.