SAMPAT SINGH BHANDAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition is directed against the order dated 10th March 1987 passed by the Dy. Secretary to the Govt. of Rajasthan, Urban Development & Housing Department u/s 34 of the Urban Land (Ceiling & Regulations) Act, 1976 (for short 'the Act' ).

(2.) BRIEFLY the facts are that the petitioner filed a statement or return as envisaged u/s 6 (1) of the Act read with Rule 3 of the Urban Land Ceiling & Regulations Rules, 1976 on 6th Oct. 1976, Thereafter, survey was conducted under the orders of respondent No. 4 Competent Authority and ultimately the Competent Authority passed the order Ex. 4 dated 9. 6. 82. The Competent Authority determined the total ceiling area. There are two covered tanks in the petitioner's house known as Rainbow House, Paota, Mandore Road comprised of 4961 square metres including constructed area and open land.

(3.) IT may be stated that the expression 'buildings' as such has not been defined; but a dwelling unit in relation to a building or a portion of building may be a unit of accommodation in such building or portion used solely for the purpose of residence and there can be dwelling unit in a building or a portion of building. In the definition of expression land appurtenant, it would appear that in clause (i) of Sec. 2 (g) if there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, would be considered to be land appurtenant but a limit is placed in this definition. IT must not exceed 500 sq. metres. IT is not in dispute that so far as the present case is concerned the petitioner has been allowed only 500 square metres as land appurtenant to one tank and 200 square metres as land appurtenant to another tank and this is because this was the only open land available in the compound of the house.