BENJAMIN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Article 226 of the Constitution seeks to challenge the order of the Competent Authority in a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) (hereinafter referred to as the 'Act') and the appellate decision rendered by the Member, Board of Revenue against the order of the Competent Authority.

(2.) The short facts relevant for the matter are these:-- The petitioner owns a vacant land within the Cuttack municipal area. Cut-tack has been notified as an urban agglomeration within category 'D' as would appear from the Schedule appended to the Act. Under Section 4 (1) (d) of the Act, the ceiling limit is 2000 square metres. The petitioner filed a voluntary statement under Section 6 of the Act before the Competent Authority and Case No. 8 of 1978 was registered by the Competent Authority on the basis of such statement. Though the petitioner had filed a statement, at the time of hearing he took the stand that he was not possessed of a vacant site beyond the statutory limit and as such he was not governed by the Statute. Two pointed contentions were raised by him:-

(3.) The Competent Authority took the view that the entire land wag fit for building and, at any rate, even if water accumulated in a part of the land which was in the nature of a ditch, since it was not fit for pisciculture, the same was not available for exemption. There was no definite finding in regard to the other aspect and the draft statement was made final by holding that the land in excess of 2000 square metres was surplus.