LexSH. BRIJ MOHAN SURI (DEAD) BY LRS. versus THE DISTT. JUDGE, KANPUR AND ORS.
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A B SH. BRIJ MOHAN SURI (DEAD) BY LRS. v. THE DISTT. JUDGE, KANPUR AND ORS. JANUARY 23, 1996 [K. RAMASWAMY, S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] Urban Land (Ceiling and Regulation) Act, 1976: C Sections 2, 6, 7, 8, 9,-f'erson in ''possession of excess urban land-Dwelling unit''-''Vacant land''-Meaning and scope o~ppurtenant land as per master plan and building regulations not exceeding 500 sq. mt. to be excluded-Entire dwelling unit on total land of 501.64 sq. ml requires to be excluded-Industrial units-Actual land used for factory purpose ex- , eluded-Other land remaining vacant-To be computed under D S.2(g)-Autlwrities directed to compute unit limit accordingly. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1526 of 1985. From the Judgment and Order dated 12.11.84 of the Allahabad High E Court in W.P. No. 8303 of 1980. Mrs. Shiel Sethi for the Appellant. K.S. Chauhan and A.K. Srivastava for the Respondents. F The following Order of the Court was delivered : This appeal has come up on reference dated November 28, 1995 to this Bench for considering the question of law raised in this case. This appeal by special leave arises from the order of the learned G single judge of the High Court of Allahabad dismissing the writ petition filed by the appellant who is the owner of vacant land in Kanpur Urban agglomeration and disputes the computation of ceiling. Three plots of land one bearing plot No. 113/41 Swarup Nagar to the extent of 501.64 sq. meters on which he had built up. dwelling unit over 246.48 sq. meters; plot H No. 123/430 to the extent of 2675.20 sq. meters situated in Fazalpur, 878 ( I \ \ -. B.M. SURI v. DISTI. JUDGE 879 Kanpur over which he had constructed factory admeasuring 898.90 sq. A meters; and a plot No. 123/35 in a total extent of 3251.10 sq. meters on which he had construction over 1905.75 sq. meters of the land occupied by the factory belong to the appellant. On a statement filed by the appellant under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short the Act), the Ceiling Authority after notice to the appellant after . filing statement by the appellant under Section 7 of the Act prepared draft statement under Sec1ion 8 and issued final statement under Section 9 declaring that the appellant is having urban excess vacant land to the extent of 2121.65 sq. meters. On appeal the appellate authority held that the appellant held 1603.25 sq. meters as surplus vacant land. As stated earlier when the decision of the appellate authority was questioned in the writ Petition, the High Court upheld the appellate order. Thus this appeal by special leave. B c Smt. Shell Sethi, learned counsel for the appellant, contended that under Section 2(b) read with section 2(h) of the Act, read with section D 2(g), when the appellant had constructed factories in accordance with the master plan and the building regulations, entire area occupied by the factory as per the building regulations shall be excluded in computing the ceiling limit of the urban land by the appellant. If that is excluded, indis- putably there is no excess land held by the appellant. The view of the High Court is wrong in law. Shri Chauhan, the learned counsel appearing for the E State, contended that Section 2(c) defines "ceiling limit" and as per section 4(1)(c) in relation to its application the Kanpur ceiling limit is 1500 sq. meters. Section 2( o) read with section 2( q) defines "urban land" and "vacant land" respectively. Section 2( q) excludes certain land. The land occupied by the factory is not one of the lands exempted under section F 2(q). Consequentially, in computing the vacant land in the final statement under section 2(g), the authorities are required to compute only that land which stands excluded from the purview of the Act. Therefore, appellant's excess vacant land would needs to be surrendered. Having given our consideration to the respective contentions, the G question that arises for consideration is whether the appellant has "in possession of excess urban land". Section 2(b) defines "building regula- tions11, means regulations contained in the master plan or the law in force governing the construction of buildings. Section 2(c) defines "ceiling limit", · means the ceiling specified in section 4. "land appurtenant" defined in H 880 SUPREME COURT REPORTS (1996] 1 S.C.R. A section 2(g). in relation to any building, means in an
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