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1997 Supreme(SC) 98

FAIZAN UDDIN, SUHAS C.SEN
Angoori Devi – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Sen, J.-This is a case under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter described as the Act ) which involves interpretation of the provisions of the Act on which there are two conflicting judgments of this Court.

2. One Gopichand filed a statement under Section 6(1) of the Act in the office of the Competent Authority, Meerut, on 24.10.76 in respect of two properties :-

1. Khasra No. 1685 measuring 1545 square metres situated at Beri Pura Road, Meerut City.

2. Khasra Nos. 1969 and 1970 measuring 1630 square metres situated on Delhi Road, Meerut City. In this plot stood a factory having 493 square metres of covered area and 1156 square metres of open land.

3. The Competent Authority, after examination of the facts, held that an area measuring 910.50 square metres was vacant land of Gopi Chand.

4. An objection under Section 8(3) of the said Act was filed on 26.9.77 by the legal heirs of Gopi Chand who had died in the meantime. Their contention was that there was no vacant surplus land and the order of the Competent Authority was not in accordance with the provisions of the said Act.

5. The District Judge, Meerut, who heard the













































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