LAWS(MPH)-1988-2-34

NOOP SINGH Vs. STATE OF M.P.

Decided On February 12, 1988
Noop Singh Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This appeal under Sec. 13 of the Urban Land (Ceiling and Regulation), Act, 1976 (hereinafter referred to as the 'Act') is filed by the holder of the land against whom, both, the Competent Officer, Nagar Bhumi Seema, Raipur as well as the Appellate Tribunal constituted under the Act presided over by the Additional Commissioner, Raipur found and declared that the appellant was holding 17, 558 square meters land as surplus.

(2.) In short, proceeding under the Act was initiated on the report of the Revenue Inspector. Accordingly, the appellant was noticed, who in compliance thereof, filed his statement and submitted that the land held by him is agricultural land and under his cultivation.

(3.) The Competent Authority made inquiry and accordingly by order dated 21-2-1981, purported to have been passed under Sec. 8(1) of the Act it was found that the appellant is in possession of 19,558.6 square meters land and therefore, it was held that he was entitled to hold only 2000 square meters of land. As such rest of the land, i.e. 17,558.6 square meters has been declared surplus and it was ordered that it was liable to be vested with the State. Accordingly, a draft statement was issued and was served on 19-5-1981. To this draft statement the appellant filed his composite objection raising the plea under the provisions of Sec. 20 of the Act as well, for exemption of the land from objection.