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1992 Supreme(SC) 795

L.M.SHARMA, S.P.BHARUCHA
Atma Ram Aggarwal: Hari Ram Kamani – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.GOHIL, PRAMOD SVARUP, R.C.VERMA, RANI CHHABRA, SATISH CHANDRA AGRAWAL

Judgment

S.P.BHARUCHA, J.

(1) THESE appeals are directed against the judgment and order of the High court at Allahabad dated 10/12/1984.

(2) EACH of the appellants Hari Ram Kamani and Atma Ram Aggarwal, owned a one-half share in lands bearing Plot Nos. 129, 130 and 131 in Gorakhpur. They were served by the Competent Authority with draft statements under Section 8 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called "the Act") after the same came into effect on 21/02/1976, the "appointed day" therein being January 28, 1976. The appellants and their respective sons filed objections to the draft statements. It was, inter alia, contended that the said lands were held by the appellants as kartas of their respective Hindu undivided families. The Competent Authority rejected the contention. He held that the appellant Kamani held a total area of 8302.75 sq. metres; that the area of 3576.93 sq. metres thereout was land under construction and land appurtenant to it and that, therefore, the excess area required to be surrendered was 4725.82 sq. metres. The Competent Authority held that the appellant Aggarwal held a total area of 9969.56 sq. met











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