R. R. Rastogi, J.

1. SRI L. T. Jhonson, respondent No. 1, was owner of premises No. 186, Rajpur Road, Dehradun, having a total area of 2530 square metres. He moved an application on 28-4-1977 under Section 27 of the Urban Land (Ceiling and Regulation) Act, 1976, here- inafter referred to as "the Act" for permission to sell the aforesaid premises to Major General Prem Chandra, resident of B 96, Basant Bahar, New Delhi. The competent authority refused to grant the permission applied for, since, in his opinion, after excluding 192.09 sqr. metres because of the provisions of U. P. Roadside Land Control Act 1945, there was still left 2337 square metres, which was more than the ceiling limits of 20.00 square metres, permitted under the Act for Dehradun. SRI Jhons-on preferred an appeal against that order before the District Judge. Two submissions were made on his behalf, firstly, under Rule 44 of the Building Bye Laws of City Board, Dehradun, he was required to leave 25 feet in front 15 feet in the back and 20 feet on either side and that worked out to 1092 square metres and after excluding the same he was left only with 1438 square metres, which was below the premissible limit;