STATE OF U P Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) Writ Petition No.357 of 1902 (hereinafter referred to as the first petition) and writ petition No.359 of 1982 (hereinafter referred to as the second petition, involve common question of law and facts, hence it is convenient to dispose them of by a common judgment.

(2.) The first petition filed by the State of U.P. was directed against the appellate judgment dated 22-9-81 passed under S.33 of the Urban Land (Ceiling and Regulations) Act, 1976 for short the Act. The Second Petition is directed against the order dated 23-9-81 passed by the District Judge, Meerut. In the first petition the point was as to whether the area measuring Sq. metre (sic) was built up and was not to be treated as vacant land within the meaning of S.4(9) of the Act. Whereas in the second petition similar point was involved about the interpretation of S.2(q)(i) of the Act. In that petition it has been held that over an area of 1480 sq. mtrs. No construction was permissible on the land which was within the ceiling limit of respondent No.2.

(3.) The District Judge in both these petitions, by taking an erroneous view of the definition of 'vacant land' under S.2(q)(i)(ii) of the Act, allowed the appeal and modified the order of the trial court by holding in the first petition that an area of 14170 sq mtrs. only was surplus land, whereas in second writ petition it has been held that it was not the vacant surplus land.