IMPORTANT POINT
While determining ceiling limit under the provisions of the Urban Land (Ceiling and Regulation) Act, simply because land is entered in the revenue record would not mean that it is being used mainly for the purpose of agriculture when the land is mainly used for the purpose of brick kiln business.

JUDGMENT

D.P. Wadhwa, J.-This appeal is against the judgment of the Allahabad High Court allowing the writ petition filed by the 1st respondent holding that the agricultural land comprised in village Para falling within the boundary of Lucknow Mahapalika was exempt under the Urban Land (Ceiling and Regulations) Act, 1976 (for short the Act ).

2. Issue involved in this appeal is very narrow. After the enforcement of the Act on February 17, 1976 1st respondent filed return under Section 6(1) of the Act before the Competent Authority constituted under the Act. First respondent gave details of his properties and one such property was land measuring 16 Bighas 1 Biswa 7 Biswansis in village Para. The Competent Authority after examining the return sent a draft statement to the 1st respondent showing the land in village Para as agricultural land. However, he proposed this land to be surplus land after applying the parameters fixed under the Act. In this appeal we are not concerned with other properties of the 1st respondent.

3. Against the order of the Competent Authority 1st respondent filed an appeal before the District Judge, Lucknow under Section 33 of the Act who dismissed the appeal. Feeling aggrieved the 1st respondent filed writ petition in the High Court. By the impugned judgment the High Court held that the agricultural land in village Para could not be declared as surplus land and could not be taken into account while determining the ceiling limit. The decisions of the Competent Authority and the District Court were set aside and the matter was remanded back by the High Court to the Competent Authority for determining of surplus land, if any, in the light of the observations and findings recorded in the judgment.

4. The question that arises for consideration is : was the land in village Para which is subject matter of the proceeding used mainly for agricultural purposes at the relevant time, being the date when the Act came into force? To answer this question we may have to refer to various definitions as contained in Section 2 of the Act relating to master plan (clause h), urban agglomeration (clause n), urban land (clause o), urbanisable land (clause p) and vacant land (clause q). But before that we may refer to an affidavit dated August 13, 1976 filed by the 1st respondent before the Secretary, Local Self Government, Lucknow for the purpose of seeking exclusion of the land in village Para from the "ceiling operations". In this affidavit the 1st respondent stated that he was doing brick kiln business and had his "Bhatta" at village Para, tehsil and district Lucknow and that the brick kiln was covering an area of 16 Bighas 1 Biswa 7 Biswansis out of which brick kiln was actually operating in about 7 to 8 Bighas with brick kiln structure in 2 Bighas and 8 Bighas of land was still available for earth digging for the purpose of brick kiln. 1st respondent further said in this affidavit that the business of brick kiln had been carried out in his family from the time of his father and was one of the chief sources of his livelihood. He said under the Act the area covered by the brick kiln business was not specifically excluded but the Government had power to exempt the same. He further explained that brick kiln business could not be done unless substantial area for digging the earth and for drying of the manufactured Kachcha bricks was available and area was also required for huts of the brick-layers for their residences. Area was also needed for stacking the manufactured bricks. 1st respondent, therefore, prayed that his `Bhatta land which was in Chak No. 1341 in village Para be ordered to be excluded from the ceiling area. This affidavit of 1st respondent showed that the land in question was being used mainly for the purpose of brick kiln business. Master plan of Lucknow prepared under the Uttar Pradesh Urban Planning and Development Act, 1973 inclusive of the village Para has been brought to the record. It shows that the land