SAMPAT SINGH BHANDAWAT Vs. STATE

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 and Housing "Department u/s.34 of the Urban Land (Ceiling and 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 and 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.) The controversy in the present writ petition is very limited in respect of the two tanks. The Competent Officer allowed 500 square metres as land appurtenant to one tank and 200 sq. metres as land appurtenant to another tank. The covered area of the first tank is 20.9 per square metres and of the other tank, the covered area is 11.40 per square metres. Both the tanks are separate and away from the main building. No appeal was preferred before the Appellate Authority. However, the Govt. in exercise of the revisional powers, set aside the order of the Competent Authority and remanded the matter back to the Competent Authority. It was observed in the impugned order Ex. 7 that there is no provision for giving land as land appurtenant to water tanks and Competent Officer has erred in allowing the land as land appurtenant to water tanks treating them as constructed portions. In this view of the matter, the order of the Competent Authority was set aside and he was directed to redetermine the extent of the land appurtenant allowed to very small constructed portion which should not be treated as separate units but as part of the main building.