Land earmarked for public purpose in a master plan and land with structures are not vacant land under the Urban Lands (Ceiling and Regulation) Act, 1976.

B. SUBHASHAN REDDY, J.

( 1 ) THIS Writ Appeal is directed against the order of the learned single Judge confirming the orders passed by the authorities, be it primary or appellate, under the provisions of Urban Lands (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act" ). The appellant holds urban properties within Vijayawada urban agglomeration. He was obligated to file a declaration and he did so. He had declared that he held 1 / 3rd share out of 4261 sq. mtrs. in T. S. No. 29/3 of Vijayawada; 1/3rd share in 919-74 sq. mtrs. with building thereon and 1 /3rd share in 167-23 sq. mtrs. with building thereon, both situated in Ward No. 22 of Vijayawada. The same was verified by the Officer concerned and a draft statement under Section 8 (1) along with a notice under Section 8 (3) of the Act were served on the appellant calling for his objections. In the said statement, 2854 sq. mtrs. in the first item, 290 sq. mtrs. in the second item and 57 sq. mtrs. in the third item making out a total of 3201 sq. mtrs, was sought to be computed to the holding of the appellant. The objections raised by the appellant to the above proposed computation were negatived and computation was made accordingly. The appeal against the same was also unsuccessful. The appellant then filed a writ petition, but the learned single Judge had confirmed the above orders of computation. Hence, this Writ Appeal.

( 2 ) MR. T. Bali Reddy, the learned counsel for the appellant contends that the computation of 1023 sq. mtrs. out of the first item and taking into consideration of items 2 and 3 for computation under the Act are unsustainable. Mr. K. Ashok Reddy, the learned Government Pleader, contends otherwise, and submits that the computation made by the authorities and confirmed by the learned single Judge does not call for any interference.

( 3 ) THIS being a writ appeal, we do not wish to enter into any disputed fact finding. On admitted facts, we proceed to consider the legal submissions. Legality of inclusion of 1023 sq. mtrs. as also items 2 and 3 on which, admittedly, there were structures as on the date of the commencement of the Act, falls for consideration while construing the provisions contained under Sections 2 (q) and 4 (9) read with Section 4 (11) of the Act. Section 2 (q) of the Act defines vacant land as land, not being mainly used for the purpose of agriculture, in an urban agglomeration, but does not included-- (i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated; (ii) in an area where there are building regulations, the land occupied by any building which has been constructed before, or is being constructed on the appointed day with the approval of the appropriate authority and the land appurtenant to such building; and (iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day and the land appurtenant to such building; "land appurtenant" is defined under Section 2 (g) of the Act. Treating such of those lands with structure as on the date of commencement of the Act or protected under Section 4 (11), as non-vacant lands and construing Sections 4 (9) and 4 (11) of the Act, the Supreme Court rendered an authoritative judgment in Meera Gupa v. State of W. B. , AIR 1992 SC 1567 that while computing the holding of vacant land of a person, building and the appurtenant land thereto shall be excluded. As such, the properties under items 2 and 3 stand automatically exempted and they cannot be computed for the purpose of determining the vacant land held by the appellant. In so far as the vacant land of 2854 sq. mtrs. computed to the holding of the appellant, which is mentioned under item No. 1, is concerned, an area of 1023 sq. mtrs. was earmarked in the master plan for the purpose of formation of a ring road and the said master plan

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