Jharkhand High Court
P.K.Balasubramanyan,R.K.Merathia, JJ.
Gossner Evangelical Lutheran Church - Appellant
Versus
State Of Bihar - Respondent
CWJC 1052 Of 1992, CWJC 782 Of 1999
Decided On : 7 July, 2003
1. A Statement under Section 6 of the urban Land (Ceiling and Regulation) Act, 1976 was filed before the Appropriate Authority, by the petitioner before us. According to the statement, the petitioner was a Society registered under the Societies Registration Act. It held an extent of 121.94 acres of urban land. But in view of Section 19(vii) of the Act, the chapter relating to ceiling was not applicable to the lands held by the petitioner society. After a preliminary enquiry by the authorized officer, a draft statement under Section 8(1) of the Act was issued to the petitioner. It was indicated therein that the petitioner held an extent of 4,76,848.66 sqr. meters of land in the town of Ranchi; that an extent of 122690.26 sqr. meters was occupied by buildings and other structures and that the Society held an extent of 3,54, 158.40 sqr. meters as being in excess of the ceiling area prescribed by the Act. The petitioner Society filed objections in terms of Section 8(3) of the Act. The main contention raised by the petitioner Society was that the chapter relating to ceiling on urban land was not applicable to it in view of the fact that in was a Cooperative Society engaged in religious and charitable activities without any profit motive. The Society wanted the question of its obligation arising under the Act to be considered as a preliminary issue. The Society filed CWJC No. 1515 of 1991 (R) before this Court, urging the contention that the lands held by it stood outside the purview of Chapter III of the Act. This Court, by order dated 5.8.1991, directed the original authority under the Act to decide the question as to the said claim to stand outside the Act raised by the petitioner Society as a preliminary issue, pursuant to that direction. The Deputy Commissioner, the authority under the Act, took up for consideration that question by order dated 30.11.1991, held that the petitioner Society was not eligible for the exemption in question and that the lands held by it did not stand outside Chapter III of the Act. Feeling aggrieved by the decision, the petitioner Society filed CWJC No. 1052 of 1992 (R) before this Court. Though the writ petition was admitted on 27.3.1992, this Court did not stay the further proceedings before the Deputy Commissioner under the Act but ordered that if the Deputy Commissioner meanwhile passed a final order on the statement filed by the petitioner under Section 6 of the Act, the same will be subject to the result of the writ petition.
2. The Authority thereupon took up the matter for consideration. It passed a final order on 19.8.1992, affirming the draft statement and holding that the petitioner Society was liable to surrender an extent of 3,54, 158.40 sqr. meters of land. We are a little surprised to find that the Society went on harping upon its claim that the lands held by the institution were outside the ceiling chapter, though the claim had been finally rejected at least as far as that appropriate was concerned. Practically no other tenable claim was raised on behalf of the Society other than the exemption claimed under Section 19 of the Act. The determination of the extent to be surrendered by the Society was challenged by the petitioner Society in an appeal under Section 12(4) of the Act. Before the Appellate Authority also, except harping upon its contention that Section 19 applied to it, the Society made no attempt to raise any other contention except the plea ultimately taken that it may be given one more opportunity to choose the lands it wants to retain and it was entitled to retain. The Appellate Authority found no reason to differ from the conclusion arrived at that the lands were not liable to be exempted under Section 19 of the Act. The Appellate Authority found no reason to interfere. It appears that there was no argument on any other aspect and the appeal was dismissed giving the Society an opportunity to choose the lands it wanted to retain. This order of the Appellate Authority
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