RARMESWAR NATH SUTHOO Vs. STATE OF ORISSA REPRESENTED BY THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ANR.

JUDGEMENT

(1.) THE Petitioner, a land owner in the urban agglomeration of Cuttack, has prayed to quash the order of the Special Officer and competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the 'Act') in U.L.C. No. 2 of 1976.

(2.) PURSUANT to the commencement of the Act the Petitioner submitted his return under Section 6(1) of the Act showing that he held the land to the extent of A 6.966 decimals. On the basis of the return filed and after making enquiry as the competent authority deemed necessary a draft statement was prepared showing that the total extent of vacant land owned by the present Petitioner is A 6.182 decimals out of which the extent of vacant land to be surrendered is A. 4.709 decimals. The draft statement having been served on the Petitioner, an objection was filed against the draft statement as required under Sub -section (3) of Section 8 of the Act According to the order passed by the competent authority, the objection to the draft statement was duly considered and final statement was prepared after disposal of the objections. The Petitioner has alleged that the draft statement was not prepared by the competent authority and he was unaware of the final statement having been prepared in the meantime. He, however, contends that the competent authority has not applied his judicial mind to the objections raised against the draft statement and the order confirming, the draft statement -is not sustainable in law. A further objection had been raised that an application for exemption Under Section 20 of the Act had been pending by the time the competent authority purports to have considered the objections against the draft statement for which reason all the proceedings taken in the ceiling case must be held to be without jurisdiction. According to the Petitioner the entire proceeding has been vitiated for violation of the principle of natural justice and the principles embodied in the Act and the Rules made thereunder for which reason necessary direction should be issued to the competent authority for reconsideration in the matter.

(3.) THE scheme of the Act requires that any person holding vacant land in excess of ceiling limit is required to file a return under Section 6(1) of the Act. On filing of a return, the competent authority after such enquiry as he may deem fit to make, shall prepare a draft statement in respect of the person who has filed the return. According to Sub -section (3) of Section 8, the draft statement shall be served in such manner as may be prescribed on the person concerned together with a, notice stating that any objection to the draft statement shall be preferred within 30 days of the date of service thereof. R.5 requires that the draft statement shall be served together with the aforesaid notice on the holder of the vacant lands and all other person so far as may be known who have or are likely to have any claim to or interest in the ownership, or possession, or both of the vacant lands by sending the same by registered post addressed to the person concerned. On receipt of the draft statement if the land holder or any person interested having been served with a notice files on objection, the competent authority shall duly consider the same after giving the objectors reasonable opportunity of being beard and pass such orders as he deems fit.