K.VENKATASWAMI, S.P.KURDUKAR
Kunj Behari Lal – Appellant
Versus
District Judge, Gorakhpur – Respondent
ORDER
1. These appeals are directed against the judgment of the Allahabad High Court in Civil Miscellaneous Writ Petition No. 13067 of 1982. The competent authority determined the surplus area of the appellant under the provisions of Urban Land (Ceiling & Regulations) Act, 1976 to an extent of 1495.971 sq.mts. Aggrieved by that the appellant preferred an appeal to the appellate authority, the District Judge, Gorakhpur. Before the appellate authority the appellant was successful in getting an extent of 318.88 sq.mts. taken out of the surplus area determined by the prescribed authority. Against that decision of the appellate authority both the appellant as well as the State preferred two writ petitions before the High Court. The learned Judge after referring the facts relating to the case and purporting to follow the decision of this Court in State of U.P. v. L.J. Johnson [(1983) 4 SCC 110 : AIR 1983 Sc 1303] held that the appellate authority was not right in allowing an extent of 318.88 sq. mts. occupied by the dwelling unit to be taken out from the surplus area and accordingly the High Court restored the surplus area determined by the prescribed authority.
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