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High Court Of Madhya Pradesh
G. P. Singh, C. J. and Faizanuddin, J.
EASTERN OXYGEN AND ACETYLENE LTD., JABALPUR - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. 702 Of 1979
Decided On : 04/21/1980
URBAN LAND (CEILING AND REGULATION) ACT, 1976 - SECTION 2(E), 2(G), 2(Q), 4(1)(C), 4(9), 5(3), 10, 26, 27 - INTERPRETATION - APPLICABILITY OF SUB-SECTION (9) OF SECTION 4 - CALCULATION OF VACANT LAND - LAND APPURTENANT TO BUILDING - TRANSFER OF URBAN LAND WITH BUILDING - SCOPE OF SECTION 27.
Fact of the Case:
The petitioner, owner of urban property in Jabalpur, challenged the order of the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976, holding that he was in possession of vacant land in excess of the ceiling limit and could not transfer any part of his property until he furnished a statement under Section 6. The Appellate Authority upheld the order, and the petitioner's review application was dismissed.
Finding of the Court:
The court held that Sub-section (9) of Section 4 was applicable to the petitioner, as he held vacant land and also held other land on which there was a building with a dwelling unit. The court found that the land covered by the building and the land appurtenant to it, as determined by the Appellate Authority, was correctly calculated in accordance with Section 2(g) of the Act. The court also held that the petitioner was not entitled to sell the building and the land appurtenant to it under Section 27, as he had not made an application under that section.
Issues: 1. Whether Sub-section (9) of Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976, was applicable to the petitioner. 2. Whether the land covered by the building and the land appurtenant to it was correctly calculated in accordance with Section 2(g) of the Act. 3. Whether the petitioner was entitled to sell the building and the land appurtenant to it under Section 27 of the Act.
Ratio Decidendi: 1. Sub-section (9) of Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976, is applicable to a person who holds vacant land and also holds any other land on which there is a building with a dwelling unit. The condition for applicability of Sub-section (9) is that the vacant land and the land over which there is a building with a dwelling unit held by the same person should not be forming part of the same plot, and the building with a dwelling unit must be on a separate piece of land which is not contiguous to the vacant land. 2. The land covered by the building and the land appurtenant to it was correctly calculated in accordance with Section 2(g) of the Act. The appurtenant land under Clause (i) of Section 2(g) is defined to mean the minimum extent of land required under the building regulations to be kept as open space for the enjoyment of such building, which in no case should exceed five hundred square meters. 3. The petitioner was not entitled to sell the building and the land appurtenant to it under Section 27 of the Act, as he had not made an application under that section.
Final Decision: The petition was dismissed with no order as to costs.
( 1 ) BY this petition under Article 226 of the Constitution, the petitioner challenges the order dated 26th October 1977 passed by the Competent authority under the Urban Land (Ceiling and Regulation) Act, 1976. The petitioner also challenges the order of the Appellate Authority dated 30th June 1978 and the order dated 22nd September, 1978, passed by the same authority rejecting the review application.
( 2 ) THE petitioner is the owner of urban property bearing municipal Number 851, nazul block No. 5, plot No. 23, within the corporation limits of Jabalpur city. The said property consists of residential building and one outhouse with vacant land around the construction. The total area of plot No. 23 is 26,535 sq. ft. The area covered by the constructions is 2650 sq. ft. The proceedings before the competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976, started on issuance of six notices by the petitioner under Section 20 of the Act to the Competent Authority of the intended transfer of the said urban property in six parts to six purchasers. By the order dated 26th October, 1977, the competent Authority held that the petitioner was in possession of vacant land is excess of ceiling limit and the petitioner cannot transfer any part of his property until he furnishes a statement under Section 6 and proceedings are completed under that section. This order was maintained in appeal by the Appellate authority by its order dated 30th June 1978. The review application against the order of the Appellate Authority was dismissed by it by order dated 22nd september, 1978.
( 3 ) THE Appellate Authority in its order dated 30th June, 1978, came to the conclusion that the residential building was a dwelling unit as it was admitted by the petitioner in the written argument filed on 25th October, 1977, that it was being used for temporary stay of customers. The Appellate Authority also came to the conclusion that the building bye-laws in force allowed construction on 1/3rd of the total compound area and having regard to the regulation the land appurtenant under Section 2 (g) would be as follows:
(i) Land on which building has been 2650 sq. ft. constructed
(ii) Appurtenant land under S. (2) 5300 sq. ft. (g) (i) subject to a maximum of 500 sq. Metres.
(iii) Additional appurtenant land 5300 sq. ft. under S. 2 (g) (i) because the building was constructed before the appointed day with a dwelling unit therein, subject to a maximum of 500 sq. metres. The present property is being used by the company as dwelling unit, therefore, the benefit of the provision has been given. Total 13,250 sq. ft.
( 4 ) THE ceiling limit for Jabalpur urban agglomeration which falls under Category c in Schedule I is 1500 sq. metres as provided in Section 4 (1) (c ). 1500 sq. metres is equal to 16146 sq. ft. Sub-section (9) of Section 4 reads as follows :
" (9) Where a person holds vacant land and also holds any other land on which there is a building with a dwelling unit therein, the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. "
Section 2 (e) defines "dwelling unit" in relation to a building or a portion of a building to mean a unit of accommodation in such building or portion used solely for the purpose of residence. Section 2 (g) defines "land appurtenant" as follows:" (g) 'land appurtenant' in relation to any building, means -- (i) in an area where there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square metres; or (ii) in an area where there are no building regulations, an extent of five hundred square metres contiguous to the land occupied by such building, and includes, in the case of any building constructed before the appointed day with dwelling unit therein,
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