Shree Narayan Singh vs State Of U.P. Thru Home Secy. & 5 Ors. on 8 October, 2013
"Even so, the learned counsel for the appellant says that on the finding, that an area of 2765.35 sq.m. was not vacant land at all, in view of the above mentioned case of State of U.P. Vs. Someshwar Prasad , only 1594.78 sq.m. of land could be considered to be vacant because the area of the buildings standing on the land with land appurtenant and the additional appurtenant, have to be excluded. This contention seems to be correct. The total area in items1 and 2, referred to above, in addition to the area of 2765.35 sq.m. on which construction work is not permissible under the Building Regulations, has to be excluded from the total area in order to determine the vacant land. In such situation, the vacant land would be for less then the permissible ceiling of 1500 sq.m. It must, therefore, be held that the appellant does not possess the excess vacant land. ORDER.