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Showing contexts for: urban agglomeration in State Of U.P. And Others Etc vs L.J. Johnson And Another, Etc on 8 September, 1983Matching Fragments
Further if there are any bye-laws requiring a portion of the land to be kept vacant, the landholder would be allowed to set apart the said land to the maximum extent of 500 sq. metres. Ho would also be allowed to retain an additional area of 500 sq. metres for the beneficial use of the building so that he may enjoy the use of a little compound also for various purposes. [912 B-E] After excluding these items if the land falls below the ceiling limit there would be no question of excess but if there is excess that is beyond the ceiling limit, the same would have to be taken over by the Government. [912 E] Where, however, it is found that any person holds vacant land in two or more categories of urban agglomerations specified in Schedule I, the computation and determination of ceiling area is to be done in accordance with the formula laid down in cl. (a) to (d) of g. 4(1) of tho Act. [915 E-F] Where a person has several plots, some completely vacant and some partly built and partly vacant, for computation of the ceiling area the competent authority will have to total the entire area of the lands in various places, completely vacant or partly built and partly vacant and permit the landholder to retain 2000 sq. metres or less as provided in clauses (a) to (d) of s. 4(1) and give the landholder the option (as provided under s. 6) to select the area which he desires to retain provided that does not exceed the ceiling limit.
Before we proceed to detail the relevant provisions of the Act, we would like to point out the aims and objects of the Act in the light of which the pivotal provisions have to interpreted. The aims and objects are contained in the Preamble of the Act, the relevant portions of which may be extracted thus:
"An Act to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisitions, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to brining about an equitable distribution of land in urban agglomerations to subserve the common good. WHEREAS it is expedient to provide' for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings 'on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good." The opening words of the preamble, viz., An Act to provide for the imposition of a ceiling on vacant land in urban agglomerations" clearly indicate that the pith and substance of the Act is that a ceiling should be imposed on vacant lands situated in urban areas which may or may not have building constructed thereon. Side by side the other dominant object to be achieved seems to be to prevent the concentration of urban land in the hands of a few persons so as to checkmate speculation and profiteering therein on the one hand and to bring about an equitable distribution of land amongst the urban population. The second clause of the preamble merely repeats and stresses what is contained in the opening part.
(a) to (d) prescribe ceiling limits in urban agglomerations falling within different which may be extracted thus:
"4(1) - Subject to the other provisions of this section, in the case of every person, the ceiling limit shall be-
(a) where that vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square metres;
(b) where such land is situated in an urban agglomeration falling within category specified in Schedule I, one thousand square metres;
(c) where such land is situated in an urban agglomeration falling within category specified in Schedule I, one thousand five hundred square metres;
(d) where such land is situated in an urban agglomeration falling within category specified in Schedule I, two thousand square metres."
In the instant case, we are concerned with the land in the ' town of Dehradun situated in the State of Uttar Pradesh, which was the subject matter of the writ petition before the Allahabad High Court. It is indisputable that the land in Johnson's case (supra) falls under category where the ceiling limit is 2000 sq. metres. The only problem which is required to be resolved in these group of appeals by special leave by and large concerns the interpretation of s. 4, sub-s. (9) of the Act. All the appeals are from Uttar Pradesh but the principles laid down by us would apply to all the States and Union Territories. In fact, the substratum and the fate of the case depends on the outcome of the appeal arising out of State of Uttar Pradesh & Anr. v. L.J. Johnson & Anr.(1) decided by the Allabhabad High Court and which has been taken as a sample case so that other appeals would merely follow the decision in Johnson's case (c.A. No. 2005/82 in this Court).