MANMOHAN LAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner claims the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 which was adopted vide resolution passed on 5.4.2002 in the State Legislature and published in the Extraordinary issue of Orissa Gazette bearing No. 574 dated 27.4.2002.

(2.) THE brief facts of the case are that the petitioner is the owner of land measuring Ac. 1.606 appertaining to Plot Nos. 568, 557, 564, 567, 800 in Khata Nos. 193, 73,103, 556 of Mouza Gandarpur and Sutahat within the Cuttack Urban Agglomeration. Under the Urban Land Ceiling Act, 1976 (herein after referred to as 'U.L.C.Act') he submitted his return in respect of the said land, which was registered as U.L.C.Case No. 44 of 1976. The competent authority allowed the Ceiling Unit measuring Ac. 0.0504 decimals and the petitioner was directed to surrender the rest of the area and the notification under Section 10(1) of the U.L.C. Act was published on 28.5.1982 inviting objection to such notification.

(3.) SINCE the petition of Subas Mohan Lal was not disposed of, he filed Urban Land Ceiling Appeal No. 60 of 1990 and by order dated 17.5.1991 the appellate authority quashed the orders of competent authority and remanded the matter for disposal of the claim of Subas Mohan Lal first and thereafter to take steps as per law. All orders passed by competent authority subsequent to 17.7.1982 were quashed. The competent authority vide his order dated 28.6.1999 allowed the claim of Subas Mohan Lal and as such two Units of Ceiling limit were allowed; one to Subas Mohan Lal and the other to Manmohan Lal. The two ceiling limits were calculated to be Ac. 1.029 decimals and this was allowed towards retention area and an area of Ac. 0.577 decimals were determined towards surrender area. In view of the fresh calculation the case was relegated to the stage of Section 10(2) of the Act.