PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition, the petitioners seek a writ of mandamus declaring the entire proceedings, initiated against the petitioners under the Urban Land (Ceiling and Regulation) Act, 1976 as abated in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.

(2.) The brief facts of the case on record are that the petitioners claim that an area of 8041.08 square meters of Khasra Nos. 271 Mi, 272 Mi, 277 Mi, 289 Mi, 279 Mi, 290 Mi, 291 Mi, 392 Mi, 330 Mi and 331 Mi situated in Village - Shekhpura Kadeem, District Saharanpur and Khasra No. 61 situated in Village - Chakpuragpur be exempted from the ceiling proceedings as the petitioners claim to be the owners of the said land.

(3.) The proceedings under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as, 'the Act of 1976') were initiated against the petitioner's predecessor. Thereafter, the father of the petitioners filed statement under section 6(1) of the Act of 1976. As the land was agricultural land and does not come under section 2(o) of the Act of 1976, i.e., the 'vacant land', the proceedings of ceiling were dropped on 29.09.1986. Thereafter, again the ceiling proceedings were initiated against the father of the petitioners. On 29.09.1987, the Mahayojana (Master Plan) was introduced in Saharanpur Nagar Basti and on the basis of the old returns, draft statement under section 8(3) of the Act of 1976 was issued on 15.03.1991, in which the total land/building of the tenure holder measuring 11,397.23 square meters and thereafter, a total area of 8041.08 square meters from Khasra Nos. 271 Mi, 272 Mi, 277 Mi, 289 Mi, 279 Mi, 290 Mi, 291 Mi, 392 Mi, 330 Mi and 331 Mi situated in Village - Shekhpura Kadeem, District Saharanpur and Khasra No. 61 situated in Village - Chakpuragpur was proposed to be declared surplus. It is averred that by ex parte order dated 12.06.1998 under section 8(4) of the Act, the land in question was declared surplus.