KAMAL KANTI MUKHERJEE Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) The writ application was moved against a vesting of the petitioner's agricultural land (Garden) and dwelling unit etc. under the provision of the Urban Land (Ceiling and Regulation) Act, 1976.

(2.) The fact of the case in short is that the petitioner was holding lands in some plots which were recorded as agricultural, Bastu (dwelling unit) and pathways and that the petitioner filed a Return under the provision of the Urban Land (Ceiling and Regulation) Act 1976 claiming that the said lands did not vest under the provision of this Act and the petitioner was entitled to retain the same under the law.

(3.) After the petitioner submitted the Return, the respondents issued a draft statement as regards vacant land allegedly held by the petitioner in excess of the ceiling limit. It appears that after the petitioner submitted the Return before the Competent Authority, am enquiry and/or local inspection was held and on the basis thereof the said draft statement was prepared and the Competent Authority invited objection. The petitioner in pursuance to the said notice filed objection that the lands in plots No. 6215 and 6213 were agricultural land (Bagan) and that the said land was still being used for the purpose of horticulture. It was further stated that the plots Nos. 6223 and 6341 were recorded as pathways and as the same was also exempted under the said Act. It was further stated by the petitioner that the third dwelling unit should be treated as dwelling unit and could not be treated as vacant land.