JUDGMENT

PUNCHHI, J.:- We are required in this matter to interplay some of the provisions of the Urban Land (Ceiling an& Regulation) Act, 1976 to determine whether the appellant herein had any excess vacant land.

2. Smt. Probhavati Poddar (pro forma respondent herein) was the owner of two properties in the city of Calcutta being (i) premises No. P-290, C.I.T. Road, comprising 414.56 sq. mtrs. of land of which 321 sq. mtrs. was covered by a building, constructed thereon long before the coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (hereafter referred to as the Act), with a dwelling unit therein, and (ii) property No. P-210, C.I.T. Scheme VII (M), Calcutta comprising 339.65 sq. mtrs. of vacant land. Hereafter these would be referred to as the built-up property and vacant property respectively. The exact date/period of. the construction of the built-up property is not available on the present record but the litigation has proceeded on the footing that it was constructed long before February 17, 1976, the day when the Act came into force in the State of West Bengal.

3. The State Legislature of 11 States, including the State of West Bengal, considered it desirable