JUDGMENT - SHAH A.P., J.:—This petition arises out of proceedings of declaration of surplus vacant land under the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as “the said Act”). Admittedly, the petitioner is the owner of the following two pieces of land, viz. land Survey Nos. 248, 247 (Pt.), 375 situated at Mulund admeasuring 1,15,160 Sq. Mtrs. (hereinafter referred to as “the Mulund land”) and land Survey Nos. 186 (Pt.), 187 (Pt.) and 189 (Pt.) situated at Ghatkopar admeasuring 13,764 Sq. Mtrs. (hereinafter referred to as “the Ghatkopar land”).

2. Before the Competent Authority, it was the contention of the petitioner that the said lands at Mulund and Ghatkopar have no independent means of access from any public road or street and no construction is permissible on the said lands under the Development Control Regulations of Greater Bombay and, therefore, the said lands are excluded from the definition of 'vacant land' by virtue of the provisions of sub-clause (1) of Clause (q) of section 2 of the said Act. It was also contended by the petitioner that there is unauthorised hutment upon the Ghatkopar land and, therefore, it is not a 'vacant land' as define

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