LexSMT. MEERA GUPTA versus STATE OF WEST BENGAL AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
SMT. MEERA GUPTA A \!. STATE OF WEST BENGAL AND ORS. OCTOBER 22, 1991 (RANGANATH MISRA, CJ., M.M. PUNCHHI AND K. RAMAS- B WAMY,JJ.] Urban Land Ceiling and Regulation Act, 1976: Sections 2(g)(q)(ii) & ~ (iii), 2A, 4(9), 4(11)-Schedule 1-ltem JS-Category~·. c Land Ceiling-Mode of computation of 'Vacant land"-Wliat is-Dis- tinction between--'Vacant land' and 'any other land'-4Vhat is-'Urban Agglomeration'-Property built up before the commencement of Act-Held outside the purview of 'Vacant Land'-Object of the Act explained. The appellant's predecessor-in-interest, respondent herein, was the D owner of two properties consisting of a 'built up property' and a 'vacant ~ property' in the city of Calcutta. The built up property comprised of 414.56 .. sq. mtrs. of land of which 321 sq. mtrs. was covered by a building with a dwelling unit therein and the said property was constructed long before the Urban Land (Ceiling and Regulation) Act, 1976 came into force. The· second property comprised of 339.65 sq. mtrs. of vacant land. The Act E came into force on February 17, 1976 but under Section 2A of the Act the appointed day in relation to State of West Bengal was 28th January, 1976. Thus between the appointed day and the date of enforcement of the Act ~ there was a 20 days' gap. On 8th July, 1978 the respondent entered into an agreement with the F appellant to sell the vacant property. Since both the properties were covered by the Urban agglomeration as specifi~d in category 'A' in Scheduled 1 to the 1976 Act, undtr which the cejling limit prescribed was 500 sq. mtrs., the appellant and the respondent gave a notice of the G proposed sale unJer Section 26 of the Act to the competent authority. ~ The competent authority held that the respondent was holding 254.21 sq. mtrs. of land in excess of the ceiling limit. The excess land was determined by totalling 414.56 sq. mtrs. of the built-up property and 339.65, sq. mtrs. of vacant property to 754.21 sq,. mtrs,, and substracting H 501 502 ~tJPREME COURT REPORTS [1991) SUPP. 1 S. C.R. ____........ A therefrom 500 sq.mtrs. resulting in 254.21 sq. mtrs. in excess of the ceiling limit. Accordingly the competent authority issued order vesting the excess land in the State. Against the decision of the competent authority the respondent preferred an appeal before the Appellate Authority which was dismissed in default. B In the meantime the appellant filed a suit against the respondent for specific performance of the agreement dated 8th July, 1978 which was >--- decreed and consequently a deed of conveyance was executed in favour of the appellant and the possession of the property~s also given to her. c Subsequently the appellant came to know of the dismissal of the respondent's appeal. Thereupon she filed a Review Petition before the Appellate Authority stating that she had become the owner of the vacant property and prayed for retrieval of the same from being treated as excess land in the hands of respondent which was dismissed. The appellant filed a writ petition in the High Court and a Single Judge allowed the same. On D appeal by State a Division Bench of the High Court reversed the judgment >- ....... of the Single Judge. Against the decision of the Division Bench, appeal was filed in this Court. Setting aside the judgment of the Division Bench of the High Court E and allowing the appeal, this Court, HELD: 1. The primary objective of the Urban Land Ceiling and Regulation Act, 1976 is to fix a ceiling limit on the holding of vacant lands, y- conditioned as they are on the appointed day, and as held on the date of commencement of the Act. (512-F) F 2. Under Section 3 of the Urban Land (Ceiling and Regulation) Act, 1973 no person is entitled to hold any vacant land in excess of the ceiling limit. Ceiling limit of vacant land in case of every person like the predecessor-in-interest of the appellant ·is 500 sq.· mtrs. as set up under Section 4. (508 E-FJ G ~ -"~ 2.1 However, as per Section 2(g), 'Vacantland' does not include land of three categories. The first category is land ori which construction of a building is not permissible under building regulation in force in the area in which such land is situated. The second category is of land occupied by H any building in an area, where there are, building regulations, which has ) SMf.MEERAv. STATE 503 been constructed upon, or is under construction on the appoin
Excerpt shown. Read the full judgment & AI analysis in Lexace.