RAMA DEBI Vs. UNION OF INDIA

JUDGEMENT

(1.) In the writ application, the petitioner challenged the validity of the orders dt. 30th Mar., 1978, 9th Feb. 1979 and 21st Jan. 1980 passed by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 and the order dt. 29th Aug. 1980 passed by the Additional Member, Board of Revenue.

(2.) The fact of the case in short, is that, the respondent 8, Mrs. Sally I.D. Rodda, the respondent 9 acquired the holding No. 56 and 56/1, Kings Road, Howrah by virtue of a deed of gift from her mother Mrs. Sophia Bibi Jackob. The holding No. 65/1, Kings Road is measured about 33 cottahs 6 chitaks of land covered by a pucca structure, a number of R.T. and C.I. sheds and several khatals. According to the petitioner, 56/1 Kings Road was a property comprised of land with building and did not fall under the mischief of the Urban Land (Ceiling and Regulation) Act, 1976. It was stated that by way of abundant caution, the said Respondent No. 8, Mrs. Rodda submitted a return under S.6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (referred to as the said Act). The name of the respondent No. 8 was mutated in the Register of the Howrah Municipality as well as in the Records of Rights mentioned by the Collector of Howrah in this behalf. It is further stated that in the Record of Rights, it was specifically mentioned that there were some structures in the said plot No. 43 in mouja Golabari, P.S. Golabari, Howrah. From the Assessment Demand Register and the Municipal Licence granted by the Howrah Municipality it appears that in the said records there were specific mention about the existence of pucca structures, sheds and khatals on the said land. It was also stated that there was a small strip of land within the said holding No. 56/1, Kings Road, Howrah, which according to the petitioner was not also a vacant land.

(3.) On 12th Nov., 1976, the said respondent No. 8 made an application under S.27(2) of the said Act before the Sub Divisional Officer and the Competent Authority, Howrah for permission to transfer the said property by way of sale and that the said application was received by the office of the said authority. In the said application, the Respondent No. 8 made a declaration that the said land and building held by her was intended to be transferred by way of sale to the petitioners and that it was also stated that the building stated in the said holding was constructed about 20 years back. Accordingly, the respondent No. 8 requested the Competent Authority to grant permission for effecting such transfer by way of sale. Thereafter, on 9th Feb. 1976, the Competent Authority under the said Act passed the following order : <FRM>JUDGEMENT_38_AIR(CAL)_1988Html1.htm</FRM>