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1987 Supreme(Cal) 240

A.M.BHATTACHARJEE, AJIT KUMAR NAYAK
BIRAJANANDA DAS GUPTA – Appellant
Versus
COMPETENT AUTHORITY U. L. (C. AND R. ) ACT, 1976 – Respondent


Advocates Appeared:
A.B.DASH, Amaresh Chakraborty, B.C.DATTA, RANAJIT MUKHERJEE, S.K.BARUA, SANJIT KR.BAKSHI

A. M. BHATTACHARJEE, J.

( 1 ) THIS writ proceeding has been referred to us by the learned Chief Justice as our learned brother Mukul Gopal Mukherji, J. , who was initially hearing the matter, was of opinion that the proceeding involves a substantial question of law of general importance relating to the interpretation of some of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and should be heard and decided by a Division Bench. After hearing the learned Counsel for the parties, we have, however, found that the disposal of this writ petition involves a question slightly larger than what was formulated by our learned brother and since the entire writ petition has been referred to us for disposal, we have disposed of that question in the larger form.

( 2 ) THE avowed objects of the Urban Land (Ceiling and Regulation) Act, 1976 inter alia are to impose a ceiling on vacant lands in urban agglomeration and to acquire vacant lands in excess of the ceiling limit. Under Section 2 (q) of the said Act, the expression vacant land shall not include "land mainly used for the purpose of agriculture". The only question involved in this writ proceeding is whether or not the Com












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