KAILASH CHAND Vs. DISTRICT JUDGE AGRA

JUDGEMENT

(1.) K. C. Agarwal J.-Out of the seven writ petitions, four were filed by the persons whose land have been declared as surplus by the District Judge, Agra by the judgment dated 18-11-1980. The areas declared as surplus are : Writ Nos. Surplus area 1. 5476 of 1981 : 2343.3067 sq. meters 2.302 of 81 : 103.3394 sq. meters 3. 5499 of 81 : 1730.6019 sq. meters 4. 5503 of 81 : 2140.0434 sq meters The remaining three writ petitions have been filed by the State of U. P.

(2.) BY the aforesaid judgment, the District Judge partly set aside the judgments of the Competent Authority, as a result whereof area declared in each one of these writ petitions by the Competent Authority was reduced.

(3.) IN State of U. P. v. L. J. Johnson, 1983 AWC 798 the controversy as to what was to be excluded or what was to be taken into account to calculate the vacant land was considered. The Supreme Court held : "Section 4 (9) contemplates that if a person holds vacant land as also other portion of land on which there is a building with a dwelling unit, the extent of land occupied by the building and the land appurtenant thereto shall be taken into account in calculating the extent of the vacant land."