Arun Nath Shahdeo And Ors. vs State Of Bihar And Ors. on 19 December, 1991
I am accordingly of the view that for applying Section 4(9) it is not necessary at all that there should be two distinct pieces of land. Section 4(9) will apply even in case of one plot on a portion of which there is a building with dwelling unit and its land appurtenant while remaining portion is vacant. If there is one plot on which there is a building with dwelling unit therein, in that case the built up area would be 1000 sq. mtrs. as the land appurtenant under Section 2(q) will first be excluded. If some surplus land remains then Section 4(9) will be attracted and built up area and the land appurtenant will be taken into account to determine whether the person holds vacant land beyond the ceiling limit or not. In this way the provisions of Section 2(q) (i), (ii), (iii) and Section 4(9) of the Act have to be interpreted.