PRAN NATH Vs. SECY TO GOVT PUNJAB

JUDGEMENT

(1.) The Competent Authority, Amritsar, vide order Annexure P.2 dt. 20th September, 1978, declared an area of 325 Square meters as surplus in the hands of the petitioners under the provisions of Urban Land (Ceiling and Regulation) Act) of 1976, (hereinafter referred to as the Act). An appeal against that order (sic) Annexure P.4, dated 21st Feb., 1979. The petitioner have impugned both the orders through the present writ petition.

(2.) The case set up by the petitioners in the writ petition, inter alia, is that after the exclusion of the built up area, the area appurtenant thereto to the extent of 500 Square meters and contiguous area to the extent of 500 meters, the vacant area that remains available is less than 1500 Square meters, which area they are entitled to keep in terms of S.4 of the Act, that in any case the surplus area on which the petitioners are not permitted to build under the concerned development scheme of the Improvement Trust, which comes to 345 Square meters, had to be excluded and when that area is excluded then nothing remains in his hand which could be declared as surplus area.

(3.) The counsel for the petitioners has reiterated the aforesaid case as set up in the Writ Petition. In support of his first submission, he has placed reliance on a Supreme Court judgement reported as State of U.P. v. L.J. Johnson, AIR 1983 SC 1303.