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State Of U.P. And Others Etc vs L.J. Johnson And Another, Etc on 8 September, 1983

17. These provisions came up for consideration before a single Judge of this Court in State of U. P. v. L. J. Johnson, 1978 All WC 156, who held that in such a situation Section 4(9) would not be attracted and the land occupied by the building and land appurtenant thereto will riot be included for computing the vacant land held by the person concerned. It was further held that Section 4(9) applies to cases where there are two different pieces of land, one vacant land and the other having a building with a dwelling unit therein. In other words it was held that Section 4(9) con templates the cases where a person holds vacant land and also holds some other land on which there is a building with a dwelling unit therein. But it does not contemplate a case where on a piece of land there is a building with a dwelling unit therein and some open piece of land. There should be two different pieces of land, one vacant land and the other having a building with a dwelling unit therein. The distinction becomes very clear after a reference is made to Sub-sections (5), (6) and (7) of the Section, besides the other provisions including Sections 6 and 8 of the Act.
Supreme Court of India Cites 5 - Cited by 35 - S M Ali - Full Document
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