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High Court Of Delhi
SHANTL DEVI - Appellant
Versus
DELHI ADMINISTRATION - Respondent
Civil 466 of 1979
Decided On : 11/23/1979
URBAN LAND (CEILING AND REGULATION) ACT, 1976 - SECTIONS 2(Q), 4(9), 26, 27 - CONSTRUCTION - VACANT LAND - MEANING - LAND ON WHICH CONSTRUCTION OF BUILDING IS NOT PERMISSIBLE UNDER BUILDING REGULATIONS IN FORCE - INCLUDES LAND IN UNAPPROVED COLONY WHERE BUILDING ACTIVITY IS NOT PERMISSIBLE - LAND IN SANT NAGAR, DELHI - HELD TO BE VACANT LAND - ORDER OF COMPETENT AUTHORITY AND APPELLATE AUTHORITY REFUSING PERMISSION TO SELL - QUASHED.
Fact of the Case:
Petitioner, owner of two plots of land in Sant Nagar, Delhi, and a one-half share in a plot in Vasant Vihar, New Delhi, sought permission to sell the Sant Nagar plots. The Competent Authority and Appellate Authority refused permission, relying on Section 4(9) of the Urban Land (Ceiling and Regulation) Act, 1976, read with Section 2(q) thereof, as the plots were considered vacant land.
Finding of the Court:
The Court held that the Sant Nagar land was not vacant land within the meaning of the Act as construction of a building was not permissible under the building regulations in force, as the colony was unapproved and building activity was not permissible. The Court also held that the Vasant Vihar plot could not be added to the Sant Nagar plots to arrive at excess land, as the area of the built-up holding could not be added to any other type of land.
Issues: Whether the Sant Nagar land was vacant land within the meaning of the Act.
Ratio Decidendi: The Court interpreted Section 2(q) of the Act to mean that vacant land includes 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. The Court held that the Sant Nagar land fell within this definition as building activity was not permissible in the colony.
Final Decision: The Court quashed the orders of the Competent Authority and Appellate Authority refusing permission to sell the Sant Nagar plots and directed the Competent Authority to issue an order according formal permission to the petitioner to sell the plots.
( 1 ) THIS petition under Article 226 of the Constitution of India highlights the desirability of social legislation to be brought about after careful consideration and not in a hurry. The social objective sought to be achieved by the Urban Land (Ceiling and Regulation) Act, 1976 may be laudable but its implementation has been found difficult. This is primarily because of the legislation has made.
( 2 ) THE petitioner is the owner of two plots of land each measuring about 224 sq. metres in Khasra No. 189/150, Garhi Extension, in the locality known as Sant Nagar in the Union Territory of Delhi. The Sant Nagar colony, it is common ground, is an unapproved colony where building activity is still not permissible. The petitioner also has a one-half share as an owner along with her husband in land measuring 526 sq. metres situated in Block e , Street No. 8, Vasant Vihar, New Delhi. This plot bears No. 10 and a dwelling unit is constructed on it. The Vasant Vihar Colony is a colony approved for building activity by the Municipal Corporation of Delhi and the dwelling unit on the said plot No. 10 has been constructed after the building plans have been duly sanctioned by the Municipal Corporation of Delhi.
( 3 ) THE land situate in Sant Nagar has been duly notified for acquisition by issue of a notification under Section 4 of the Land Acquisition Act 1894 bearing No. F (15)/7/61-Landh (1) dated December 12, 1968.
( 4 ) ON June 1,1978 the petitioner gave notice to the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as the Act, of her intention to sell the said two plots which she owns in Sant Nagar. The Competent Authority by an order dated July 21,1978 purported to have been passed an exparte, declined to give permission to sell as prayed by the petitioner in her notice of 1. 6. 1978. The petitioner thereupon filed an appeal under Section 33 of the Act to the appellate authority. This appeal has also been dismissed by an order dated December 26, 1978. Both the Competent Authority and the Appellate Authority have relied on the provisions of Section 4 (9) of the Act read with Section 2 (q) thereof. Aggrieved by the the said orders the petitioner has filed the present petition and has prayed for issue of a writ of certiorari and/or mandamus quashing the orders of the Competent Authority and the Appellate Authority and a mandamus directing the respondents to grant the petitioner s application for permission to sell the said two plots in Sant Nagar.
( 5 ) RULE nisi returnable before a Division Bench was issued by a Bench of this Court on April II, 1979 as no return was filed nor appearance put in, another bench of this court, before whom the matter came up on July 31, 1979, directed that actual date notices be issued for September 10, 1979 to the respondents. These were duly issued but no appearance was put in nor a return filed. The petitioner moved C. M. 2804 of 1979 which came up before a Bench of this Court on September 24, 1979. By this application the petitioner prayed that she be allowed to urge some additional grounds in support of her writ petition. Notice was ordered and was accepted by the Standing Counsel for Delhi Administration, respondent No. 3. No reply was filed. Indeed, the matter had to be heard ultimately without there being any return filed on behalf of the respondents. We, however, had the benefit of hearing arguments on behalf of the respondents.
( 6 ) THE social objective sought to be achieved by Parliament is passing a legislation such as the Act is obviously to prevent concentration of wealth in a few hands. As the Preamble of the Act itself shows the Act proposes to put a ceiling on the ownership and possession of vacant urban land varying from 500 sq. metres to 2000 sq. metres, depending upon in which urban agglomeration land is situate. The ceiling sought to be imposed is on vacant land as distinguished from built-up land. Therefore, it is n
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